Jammu and Kashmir High Court stays CAT judgement

Jammu and Kashmir High Court stayed the Central Administrative Tribunal judgement quashing the final seniority list of direct recruits Sub-Inspectors of Jammu and Kashmir police. The Court said that promotion of 2010 batch of Sub Inspectors would remain subject to the outcome of the present petition.

Srinagar: Jammu and Kashmir High Court has stayed the judgment of Central Administrative Tribunal (CAT) regarding promotion of 2010 batch of Sub-Inspectors and ordered that any promotions based on the impugned seniority list questioned by the private respondents shall remain subject to the outcome of the present petition.

The High Court's Division bench comprising Justice Dheeraj Singh Thakur and Justice Sindhu Sharma on Saturday said, "Operation of the judgment and order impugned dated December 9, 2020, shall remain. Any promotions made based on the impugned seniority list questioned by the private respondents shall remain subject to the outcome of the present petition."

The bench was hearing a petition filed by Ranjeet Singh and others challenging the judgment and order passed by the Central Administrative Tribunal (CAT), Jammu Bench whereby the Tribunal quashed the final seniority list of direct recruits Sub-Inspectors of Jammu and Kashmir Police.

The CAT has held that the seniority list ought to be based on Rule 111(2) of the Jammu and Kashmir Police Rules, 1960 and that seniority ought to be given based on the merit as assessed in the written test as well as viva voce test and not based on merit obtained in the training course.

Counsel appearing for the petitioners, RA Jan urged that the view expressed by the Tribunal was erroneous in law and contrary to the mandate of Rule 111 of the Police Rules.

It was urged that the seniority could have been framed based on merit obtained in the basic induction training course only in accordance with the aforementioned rules and that the reliance placed by the Tribunal on the Division Bench judgment of this court in Rohit Gupta, Ajay Kumar and 2016(2) JKJ 315 was misplaced as the same pertains to the prosecuting officers, which was a class apart from the serving police agency (Executive Wing) as the petitioners herein.

Counsel for the private respondents, on the other hand, placed overwhelming reliance upon the judgment (supra) to emphasize the point that the view expressed by the Tribunal was legally justified. Heard counsel for the parties.

It is not denied that the petitioners had undergone the basic induction training course of one year before getting confirmed as direct recruits Sub Inspectors. On a perusal of Rule 111(2) of the Police Rules, it, prima facie, appears that seniority of candidates directly appointed on the same date, who were required to pass any course or departmental examination as a necessary condition of their subsequent confirmation would depend on their order of merit in such course or examination. This part of the rule cannot be easily brushed aside in its application even on its plain reading.

“We are of the opinion that the petitioners have succeeded in making out a prima facie case. Issue notice in the main petition as also in the application,” observed the court, providing four week time to the respondents to file objections," the HC order reads.