Excelsior Correspondent JAMMU, Nov 24: The High Court has directed the State to respond to the writ petition filed by the Principals of the School Education Department, who came to be appointed directly through the Public Service Commission, and report compliance of finalization of seniority list of various categories in the School Education Department in accordance with rules governing the field in terms of order dated July 20, 2010 failing which the Commissioner Secretary, School Education Department shall remain present in the court on next date of hearing. These directions were passed in a writ petition filed by the Principals through Advocate Wasim Sadiq Nargal challenging the inaction on the part of Government to adhere to the quota of direct recruits at the entry point—Lecturer in the School Education Department as prescribed by rules. It has been projected in the petition that the promotees came to be promoted in excess of their quota and accordingly they could not have been given seniority over and above the petitioners as they can claim their seniority from their respective dates on which the vacancies in their quota became available in terms of Suraj Prakash Gupta’s judgment. The petitioners, who are direct recruits, have also projected that they have been denied equal opportunities of promotion at various stages right from Senior Lecturer to Director level in the School Education Department, which is in derogation to the mandate and spirit of J&K Education Gazetted Service Recruitment Rules, which was due to the wrong fixation of seniority by the Government. It has further been submitted in the petition that the seniority has not been fixed as per Supreme Court judgment coupled with the Recruitment Rules wherein the method of recruitment of Lecturers has been provided as 50 % by Direct Recruitment and 50 % by promotion. Interse seniority of direct recruits and promotees was required to be fixed in conformity with the law laid down by the Supreme Court and had their seniority been fixed then the direct recruits would have also got equal opportunities of promotion at all stages up to Director level. The petitioners said that the promotees came to be promoted in excess of their quota with effect from 1975-1980 when huge departmental promotions were made by the School Education Department and no direct recruitment was made during this intervening period. The departmental promotees who were promoted in excess of their quota could not have been given seniority over and above direct recruits but should have been given seniority only from their respective date on which the vacancies on their quota become available. As and when the direct recruitment was made the direct recruits were entitled for placement of their seniority to the vacancies reserved for them as per the ratio prescribed in Recruitment Rules and the petitioners projected that as per law laid down by Supreme Court excess promotees had to be push down and accordingly had to be fitted in subsequent vacancies in their quota in later years which has not happened in their case and this was the reason that the promotees have stolen a march over direct recruits in promotions at various stages. “The court had directed the Government to frame the seniority list in accordance with rules way back in July 2010 but the Government failed to comply the court order and instead has been making promotions of the departmental promotees to various categories which was detrimental to the rights of the direct recruits”, the petitioners submitted. After hearing Advocate Wasim Sadiq Nargal, the High Court directed the Government to report compliance of the order failing which Commissioner Secretary shall remain present in the court on next date of hearing.
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