POOJA SHARMA Vs. STATE.
LAWS(J&K)-2020-1-36
HIGH COURT OF JAMMU AND KASHMIR
Decided on January 29,2020

POOJA SHARMA Appellant
VERSUS
STATE. Respondents

JUDGEMENT

Sanjeev Kumar - (1.)The petitioners are working in the Directorate of Indian System of Medicine and are serving as Nursing Orderlies borne on District cadre Jammu. They were so appointed in the year 1998.
(2.)It is the grievance of the petitioners that despite the fact that they have been serving as Nursing Orderlies for the last more than 20 years, they have not been further promoted to the posts of Jr. Pharmacist, though they hold the requisite qualification i.e. Matriculation and Diploma in ISM.
(3.)The respondents have filed their objections and have taken a clear stand that till the year 2013, the post of Dawasaz (now Jr. Pharmacist) was being filled up 100% by way of direct recruitment. However, in the year 2013, 20% quota was earmarked for promotion from amongst the eligible Nursing Orderlies/ Class-IV employees. It is further submitted that in the year 2017, the Departmental Promotion Committee was convened for making promotion of eligible Nursing Orderlies/Class-IV employees of ISM Department in various Districts of J&K State and, accordingly, as many as 23 eligible Nursing Orderlies belonging to different Districts (except Districts Jammu and Samba) were promoted. The eligible candidates in the District of Jammu, however, could not be promoted due to non-availability of vacancies in the promotion quota. It is submitted that in the year 2017, all available vacancies including those belonging to promotion quota had inadvertently been referred to J&K SSB for selection. It is further pleaded that with a view to give promotion quota to the eligible Nursing orderlies/Class-IV employees, the matter was taken up by respondent No.2 with J&K SSB for withdrawal of four posts so that the eligible Nursing Orderlies /Class-IV employees working in Jammu District are given their due. J&K SSB, however, did not accommodate respondent No.2 on the ground that the vacancies referred to it had already been advertised and were at different stages of selection.
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