STATE TIMES NEWS
JAMMU: In a petition filed by Suresh Kumar Sharma, a member of Jammu and Kashmir Public Service Commission (JKPSC), seeking direction to respondents to frame and fix the seniority of the members of J and K Public Service Commission appointed, Justice Janak Raj Kotwal of J and K High Court after hearing Advocate Abhinav Sharma appearing for the petitioner issued two week’s notice to Chief Secretary, Commissioner/ Secretary GAD, PSC through its Secretary and members of PSC.
During the hearing Advocate Abhinav Sharma contended that the petitioner after competing in the Jammu and Kashmir KCS Examination, was initially appointed as Munsiff and on account of seniority coupled with performance, integrity, dedication and devotion, was finally promoted as District and Session Judge in the month of July, 2004 and consequently became Member of J and K Higher Judicial Service and was placed in Super Time Scale in January, 2014.
That after the promotion of the petitioner as District and Session Judge in the year 2004, the petitioner was posted as Principal District and Session Judge, Poonch, Principal District and Session Judge, Samba, Special Judge Anticorruption, Srinagar, Registrar Judicial in J and K High Court, Registrar General of J and K High Court and finally was posted as Special Judge CBI Court as well.
That while the petitioner was serving as Special CBI Court, the Governor of J and K, in exercise of Powers vested under sub-section (1) of Section 129 of the Constitution of JandK, appointed the petitioner along with private respondents as Member of J and K PSC.
That since the notification appointing the petitioner along with private respondents as Members J and K PSC did not make it clear as to how the seniority of the members so appointed was to be reckoned and in the absence of providing the seniority position, the petitioner assumed that the serial order given in the aforesaid Notification was being construed as the seniority position. Since the same was not inconsonance the judgment rendered by the Supreme Court and the view taken in the aforesaid Judgment was reaffirmed in the land mark judgment “National Judicial Appointment Commission” rendered in the year 2015, as such, the petitioner moved a representation to the Principal Secretary to the Governor, State of J and K, whereby and whereunder, the petitioner requested for fixation of the seniority at Sr. No. 1 amongst the eight (08) members which include the private respondents, appointed vide SRO 235 dated 23rd July, 2015.
That though the representation was made by the petitioner on 31st January, 2016, yet despite the expiry of a period of more than four months, neither the representation of the petitioner has been considered and decided, nor the seniority of the members inter-se i.e. petitioner and private respondents till date fixed.
