ABDUL GANI DAR Vs. STATE OF J AND K
HIGH COURT OF JAMMU AND KASHMIR
Abdul Gani Dar
STATE OF J AND K
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BASHIR A.KIRMANI, J. -
(1.) CLAIMING to be working as Inspector in the respondent/Corporation on substantive basis the petitioner maintains that in view of rules governing his services he is due for promotion to a post in the next higher cadre of Assistant Registrar which is presently lying vacant and for which his name alongwith one B.S. Manhas stands already recommended by Director to the administrative Department for relaxation of requisite academic qualification who in response sought their service record and APRs, but while the matter was pending as such, respondent No. 3 was promoted to the post of Assistant Registrar under order No. DHP/216 of 2004 dated: 1.11.2004 to the determent of petitioner's rights. Aggrieved thereby he seeks quashment there of along with direction for fulfillment of vacancies in the cadre of Assistant Registrar in accordance with rules etc. on the ground that under rules the said order is totally bad particularly because 3rd respondent does not belong to the feeding cadre for promotion to the post of Assistant Registrar and that as a result thereof the process of petitioners promotion along with other person aforementioned has been stalled etc. Materials appended with the memo of petition include Directors recommendation to Government relied upon by the petitioner along with a copy of the impugned order etc.
(2.) IN their objections the official respondents 1 and 2 have pleaded that the order impugned in writ petition has been passed pursuant to directions of Civil Court (2nd Addl. Munsiff, Srinagar) dated: 22.6.2004 in a suit purported to have been filed by 3rd respondent, which has not been challenged by the petitioner. Admitting that third respondent is not eligible for promotion to the post of Assistant Registrar under rules the said respondents further maintain that since she has been promoted against the post in her own pay and grade on temporary basis and of course subject to out come of her civil suit, any of petitioner's right was, therefore, not violated. Material appended with the memo of objections include a photocopy of the relevant rules.
In her separate objections the 3rd respondent has, among other things pleaded that petitioner not being eligible to the post of Assistant Registrar has not been affected by her adjustment against the post, while she being technically trained and senior, has rightly been so adjusted, particularly because it was done in compliance to the civil court directions, even while in her own right she was entitled to claim right of promotion to the higher post of Assistant Director. During course of their submissions the counsel appearing for parties have reiterated the contents of their respective pleadings.
(3.) I have heard learned Counsel and considered the matter. In terms of rules governing the matter as notified under SRO 64 of 1993 the post of Assistant Registrar in terms of schedule IV appended thereto carrying the scale of Rs. 1760 -3200 required to be filled up, 33% by promotion from Class II having minimum qualification as graduates, preferably holding a higher diploma in co -operation with at least four years service in that category and 67% by deputation from co -operative department. Under same schedule the post of Inspector to which cadre petitioner belongs is categorized as Grade II with the scale of Rs. 1400 -2600 on that basis he claims a right to promotion. As against this is the 3rd respondents claim of belonging to the cadre of Assistant Extension Officers having high academic qualification and diploma to her credit and thus eligible to claim promotion to the posts of Assistant Director like others who have been given such promotions. As per Schedule II attached to the aforementioned rules, an Assistant Extension Officer, the category to which 3rd respondent claims to belong presently on substantive basis, is a feeding cadre for the post of Extension Officer, to the extent of 33% with five years service in the cadre. Thus on her own showing the 3rd respondent could have a claim to the post of Extension Officer carrying pay scale of Rs. 2000 -3200 and not to that of Assistant Registrar for which the cadre to which she belongs is not a feeding line. In that view of the matter her claim as against that of petitioner, subject of course to his eligibility, who belongs to the feeder cadre appears to be hollow. During submissions her counsel has contended that she has been promoted to the post of Assistant Registrar in her own pay and grade against one of the two posts available for being filled up by deputation from Cooperative Department and as such her promotion despite alleged short coming does not affect petitioners rights in any manner whatsoever. This position is however not adopted by the official respondents expressly.;
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