Excelsior Correspondent
JAMMU, May 7: State High Court today quashed the retrospective effect give to the private respondents on their promotion as ETOs in the Excise Department and issued directions for reframing the final seniority list by taking the date of appointment by promotion of private respondents.
These directions were passed in a petition filed by Rakesh Kumar and others mentioning that they participated in J&K Combined Competitive Examination in 2004 and came to be selected and appointed as Excise & Taxation Officer vide Govt order dated July 23, 2004. At that time, the 10 private respondents were working as Inspectors in the Excise and Taxation Dept.
However, the private respondents, on the recommendation of J&K PSC/DPC, were appointed as ETOs with retrospective effect and in this way they become senior to the petitioners.
After hearing Senior Advocate Sunil Seth with Advocate Ravi Abrol and Advocate Pranav Kohli for the petitioners whereas Senior Advocate DC Raina with Advocates FA Natnoo and A Mishra for respondents, Justice Hasnain Massodi allowed the petition and quashed the order No 232-F of 2004 dated December 6, 2004 to the extent it gives retrospective effect to the promotion of private respondents with effect from the dates, the Excise & Taxation vacancies in promotional quota were available and also quashed the final seniority list bearing No 05-F of 2006 dated January 3, 2006 to the extent it places the private respondents ahead of petitioners in the final seniority list.
The High Court also directed official respondents to reframe the final seniority list taking date of appointment by promotion of private respondents effective from the date of order, whereby they were so appointed was acted upon and not the date when the posts become available or were left vacant.
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