STATE TIMES NEWS
JAMMU: In a landmark judgment State High Court Monday observed that Appointment and Seniority will be fixed on merit position as per the selection list.
This landmark judgment has been passed in a petition filed by Varun Bedi and Parshant Sharma seeking quashment of the select list of Junior Stenographers in so far as it pertains to the allocation of General Administration Department to respondents and also seeking direction to State to allocate General Administration Department to both the Petitioners herein keeping in view their merit position in the select list.
High Court after hearing Advocate SK Shukla with Adv Rahil Raja appearing for petitioners, allowed the petition with the direction to Commissioner/Secretary to Government, General Administration Department, Jammu herein, is directed to issue appointment orders in favour of petitioners as Junior Scale Stenographer in General Administration Department with effect from the date other candidates selected and allotted to General Administration Department were appointed.
While allowing the petition, High Court observed that Petitioners are litigating over the matter since 16.08.2014. They though selected and recommended for appointment have not been able to take the appointment because of allotment of department by the respondent-Board in an arbitrary manner. Their appointment, therefore, shall be given effect from the date, appointment orders were issued in favour of other candidates selected and allotted to General Administration Department, though without any monetary benefits, as petitioners are reported to be in-service candidates and to have been gainfully employed during period in question. Needless to state that on their appointment, their seniority shall be fixed having regard to their merit position as per the selection list. In case of tie i.e. same merit secured by more than one candidate, rules occupying the field on the date selection process was initiated, shall be followed. Let the entire exercise be completed within a period of four weeks.
