G. R. Baqual v. State of Jammu & Kashmir

878 [M. G. R. BAQUAL _v._ STATE OF JAMMU & KASHMIR _March_ 4, 1970 #### H!DAYATULLAH, C.J., J. c. SHAH,. K. S. HEGDE, A. N. GROVER, A. N. RAY AND I. D. DUA, JJ.l _Civil_ Servic~fficer, _junior to others, 8elected for a post equivalent_ _to a higher_ _post-Whether_ _amounts_ _to_ _seniority over others--ScofU_ _of_ _such selection._ The appellanf and respondents 2, 3 and 4 were superintendents in tho State Secretariat service, the appellant being junior to the th= respon· dents. In 1959, the appellant was appointed as Personal Assistant to the Chairman of the Legislative Council, and shortly thereafter, the three respondents were pro1noted as Under Secretaries. In 1963, the appellant was transferred to the Secretariat as Under Secretary. In 1964, the three respondents were promoted as Deputy Secretarie<. On the question, whether by appointment as P.A. to the Chairman of the Legislative Council the appellant was senior to the respondents, and hence, was entitled to be also appointed as Deputy Secretary, HELD : Under the Jammu and Kashmir · Legislative Council Secretariat (Regulation and Conditions of Service) Rules, 1959, a P.A. to the Chairman _df_ the Legislative Council is equated to a P.A. to a Minister who is equated to an Under Secretary. But, in the present case, the appellant was not promoted to the post of P.A. to the Chairman. He was only selected to serve as P.A. and such selection did not confer on him any privilege beyond holding that post as long as the Chairman would have him. Under r. 24 of the Rules also, it is the substantive oost that matters and there the appellant was junior to the respondents. (879 E-F, G-H; 880 A-BJ . CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1584 of 1968. Appeal from the judgment and order dated December 21, 1966 of the J ammu and Kashmir High Court in Writ Petition No. 40 of 1965. B ## c E F _A. S._ _R._ _Chari,_ _K._ _R. Chaudhuri_ and _K. Rajendra Chaudhuri,_ for the appelll\nt. G _N._ _S._ _Bindra, R._ _N._ _Sachthe,v_ and _B._ _D._ _Sharma,_ for respondent No. 1. The Judgment of the Court was delivered by Hidayatullah C.J. This appeal arises from the judgment and order of the Jammu & Kashmir High Court, December 21 1966 H # dismissing a petition under Art. 32(2-A) of the Jammu & Kash: mir Constitution filed by the petitioner/appellant G. R. Baqual ### G. R. BAQUAL v. :t. &-K. STATE (Hidayatullah, C.J.) 879 A for certain reliefs on the ground that be J:ias been discriminated against and -punished without rect>urse to statutory provis10~s and procedure. The facts of the case are as .follows : B ## c D The appellant who, is a Graduate of. the Punjab University entered the Secretariat service of the Janunu & Kashmir State OI) Novembed!,,JJ946 as a clerk. Later he was promoted as Superm, tendent on September 26, 1957 and was holding a grade of Rs. 150-15-300 \revised 200-20-300-25-400). He was then appointed as Persorial Assistant in gazetted rank in the grade of Rs. 200-400 (revised 250-25-350-30-500) and became P.A. to the Chairman of the Legislative Council by his order dated October 23, 1959. The appellant was then transferred to the Civil Secretariat as an Under-Secretary on September 30, 1963 under Government orders in the same grade of Rs. 250-500. He claimed seniority against other Under-Secretaries when on Apnl 14,. 1964, the Government promoted four Under-Secreta~ to the post of Deputy Secretaries in the pay scale of Rs. 450-800 which included three of the respondents in this appeal. He was not promoted and he,claimed that he was so entitled both on his seniority and under the statutory rules. The case of the appellant is almost entirely based upon his appointment as Personal Assistant to ·the Chahman of the Legislative Council which is equated with an Under-Secretary under E the Jammu & Kashmir Legislative Council Secretariat (Regula tion and cQllditions of Service) Rules, 1959. Under these rules, a.PA. to the Chainnan of the'Le~islative Council is equated to a P.A. to a Minister and he is in his tum equated with an UnderSecretary and enjoys the same scale of pay. This scale of pay is certainly higher than the scale of pay \which the Superintendent F geL~. G It was admitted before us that the appellant was not senior to the other Superintendents in the substantive post of Superintendent. In other words, if everything had been equal, he would be junior to respondents Nos. 2, 3 and 4 and would take his tum for promot~on after them. He claims seniority on the basis of his deputation as P.A. to the Chairman of the Legislative Council and his supposed equation to an Under-Secretary. As a matter of fact, he was not promoted as_Under-Secretl!lry. He was orily selected to serve as P.A. and that carried the pay and the gazetted rank. It happens frequently in service that such selections are ma~ p~rticularly. in. Secr~arial line by Ministers, Chairman of Legislative Council or Speaker. Even in this Court such selec tions are made of persons to serve as Secretaries to the Hon'ble Judges. 1:llis selectiori carr!es more pay while it lasts and gives a rank which the holder en1oys as a gazetted officer, but. it does 880 SUPREMll COURT REPORTS [1970) 3 S.C.R. not confer any more privilege. In matters of proml)tion and rankiqg, the substantive posts matter, anli here, the . appellant admits that he was junior to the others. . His appointment to a post which in emoluments was equal to that of an Undor-Secre-. tary was not in the regular line. It was by selection and could not therefore confer on him any privilege beyond holding that pC!St A B ## c D as long as the Chairman of the Legislative Council would have him as his Personal Assistant. The appellant tried to prove his case by referen'ce to rule 24 of the Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. But that rule also says that the seniority of a person has. reference to the service, class, category or grade with reference to wbicli the question bad arisen and that such seniority shall be determined by the date of his first appointment in such class, service, category or. grade as the case may be. Here the service on. which emphasis should be placed is the post of Superintendent and there, the appellant admiis that he is junior to respondents 2, 3 and 4. Therefore, neither on the basis of the statutory rule nor on t'1e . basis of any practice or convention is he entitled to.seniority fro'll the post of Superintendent to the next grade. He must take his tum in accordance with bis seniority as Superintendent which was his substantive po>t when his depuhtion began. We see no force in this appeal which sh~'.I be dismissed. There shall be no order as to costs. V.P.S. _Appeal dismi.ised_