PARTAP SINGH Vs. STATE
LAWS(J&K)-2020-2-52
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 14,2020

PARTAP SINGH Appellant
VERSUS
STATE Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)The short grievance projected by the petitioner is that he came to be promoted to the post of Field Supervisor vide SFC order No.565 of 2010 dated 18.08.2010. The qualification of the petitioner in the order aforesaid was shown as TDC. The order of promotion qua the petitioner was duly implemented and the petitioner performed the duties of higher office of Field Supervisor till SFC order No.28 of 2016 dated 20.02.2016 came to be passed and the petitioner's promotion to the post of Field Supervisor was withdrawn.
(2.)The grievance of the petitioner is two fold. One, that though, admittedly, the petitioner was a matriculate and never possessed the qualification of TDC (10+2), yet the respondents, of their own, considered him as a candidate possessing the qualification of 10+2 and therefore, mistake, if any, was committed by the respondents and not by the petitioner. Further submission is that even being a matriculate, the petitioner was not entitled to be considered for promotion against 20% quota earmarked for matriculate Field Workers having 8 years service in terms of the J&K Sate Forest Corporation Employees (Conditions of Service) Regulation- 1993 (for short 'Regulation'). It is, thus, urged that had the respondents afforded him an opportunity of being heard before passing the impugned order, he would have apprised the respondents of the aforesaid position and claimed his promotion under other category meant for matriculate Field Workers.
(3.)It may be noted that this Court vide order dated 02.09.2016, while issuing notice, stayed the impugned order and resultantly, the petitioner has been continuing on the post of Field Supervisor.
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