Training Can Act As A Distinguishing Factor To Maintain Separate Seniority List In The Same Department: J&K&L High Court

Training Can Act As A Distinguishing Factor To Maintain Separate Seniority List In The Same Department

Case: Ashok Kumar Sarngal & Ors Vs State of J&K

Coram: Justices Tashi Rabstan and Wasim Sadiq Nargal

Case No.: LPA No. No. 201/2018

Court Observation: “Admittedly, the writ petitioners before the Writ Court do not hold DDR Training instead all the writ petitioners have passed Kashmir Forest Training Course. Thus, by no stretch of imagination could claim parity with the appellants as both from different class”.

“Thus, the right of the petitioners is confined only against the post of Range Officers-Grade II and have no locus to question the framing of the separate seniority list with regard to the appellants, who were DDR Trained”

“The only issue involved in the present appeal is whether the Government is competent to make distinction amongst the Foresters on the basis of the training of DDR. Once the action of the Government is valid under law, then no fault can be found with the decision of the Government to include the appellants as trained Foresters in the category of trained Foresters, who have already acquired DDR Training on the recommendation of the State Government”

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Maintain Separate Seniority,