Excelsior Correspondent
JAMMU, Jan 4: In a landmark judgment, State High Court has held that appointment and seniority shall be fixed on merit position as per the selection list.
The judgment has been passed in a petition filed by Varun Bedi and Parshant Sharma seeking qaushment 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 keeping in view their merit position in the select list.
After hearing Advocate SK Shukla with Advocate Rahil Raja appearing for petitioners, High Court allowed the petition with the direction to Commissioner/Secretary to Government, General Administration Department 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 General Administration Department.
“The petitioners are litigating over the matter since 16.08.2014. They 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 General Administration Department, though without any monetary benefits, as petitioners are reported to be in-service candidates”, the High Court said.
“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 candidates, rules occupying the field on the date selection process was initiated, shall be followed”, High Court and directed that the entire exercise shall be completed within a period of four weeks.
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