MANOJ PARIHAR & ORS. versus STATE OF JAMMU & KASHMIR & ORS

MANOJ PARIHAR & ORS. versus STATE OF JAMMU & KASHMIR & ORS

The inter-se seniority of Munsiffs appointed by direct recruitment on the recommendations of the State Public Service Commission must be fixed according to the merit determined by the Public Service Commission and not by roster points; the High Court's order directing reframing of the seniority list on that basis was correct and the Special Leave Petition was dismissed.

Parties
Petitioner: Manoj Parihar & Ors.; Respondent: State of Jammu & Kashmir & Ors.
Jurisdiction
India
Judgment Date
27 June 2022
Procedural Posture
Special Leave Petition (c) No. 11039 of 2022 / Disposed Petition Dismissed
Outcome
Petition dismissed
Legal Topics
Seniority, Fixation of Seniority, Roster System, Merit List, Reservation in Promotion, Retrospective Operation of Judgments
Service Law Judicial Service Constitutional Law Administrative Law Reservation Law Seniority Fixation of Seniority Roster System +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Manoj Parihar & Ors.

Petitioner

State of Jammu & Kashmir & Ors.

Respondent

Procedural Posture

Special Leave Petition (c) No. 11039 of 2022 / Disposed Petition Dismissed

Legal Issues

  1. 1 Whether inter-se seniority of Munsiffs appointed by direct recruitment on the recommendations of the State Public Service Commission should be fixed on the basis of roster points or in terms of the order of their inter-se merit at the time of selection
  2. 2 Whether Jammu & Kashmir Reservation Rules, 2005 (and related Act) could be applied to fix seniority of appointees of 2003 batch
  3. 3 Whether the law as declared in earlier cases (notably Bimlesh Tanwar and Ajit Singh) has retrospective effect

Ratio Decidendi

The inter-se seniority of Munsiffs appointed by direct recruitment on the recommendations of the State Public Service Commission must be fixed according to the merit determined by the Public Service Commission and not by roster points; the High Court's order directing reframing of the seniority list on that basis was correct and the Special Leave Petition was dismissed.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed.
  • No jurisdictional infirmity found in the High Court order dated 27.05.2022; High Court direction to re-frame seniority list in accordance with merit upheld.