AB HAMID MIR Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Ab Hamid Mir
STATE OF JANDK
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(1.) THE dithering attitude of Director, Rural Development Department to go
by the Rules governing the grant of consequential benefits of promotion,
ordered in favour of the petitioner is axiomatic from the contents of
(2.) THE petitioner, a Plantation Supervisor of Block B.K. Pora, was temporarily promoted in his own pay and grade against the post of Village
Level Worker vide order No. 128 of 1993 dated 18.9.1993 issued by
Director, Rural Development Department, Srinagar. The vacancy of the
aforesaid post is shown to have been caused due to promotion of the
incumbent of this post to a higher post Thereafter, the case appears to
have been placed before the Departmental Promotion Committee of the
Department which met on 22.3.1994 and they cleared the petitioner for the
aforesaid promotion. Consequent upon the meeting of the Departmental
Promotion Committee, the Director Rural Development, Kashmir issued an
order No. 76 of 1994 dated 2.4.1994 ordering the grant of the grade of
the post viz Rs. 950 -1500 with effect from 1.4.1994 in favour of the
petitioner. The wording of the order is of an importance, therefore, its
body is quoted hereunder for ready reference: -
As approved by the Departmental Promotion Committee of Rural Development Department Kashmir, in its meeting held on 22.3.1994, Slid Abdul Hamid VLW Narbal, who was promoted as VLW in his own pay and grade vide this office above quoted order is hereby granted the grade of the post viz. Rs. 950 -1500 w.e.f., 1.4.1994. Sd/ - (B.A. Mir) IAS Director Rural Development Kashmir From this order, it appears that the earlier order of promotion of the petitioner had been made subject to the approval of the Departmental Promotion Committee which has approved the same, as given out by the order. However, while doing so, the Director has given the grade benefit to the petitioner from 1.4.1994 only, not retrospectively from the date he was promoted to the post. This petitioner has, in fact, been filed for the limited prayer that the aforesaid order, to the extent it grants the grade benefit of the post form 1.4.1994 only be quashed and respondents be directed to grant such grade to the petitioner retrospectively form the date he was promoted to the post.
(3.) RESPONDENTS have chosen not to file any counter. On 17.2.1999 Mr. Attar made a statement before the court that in view of a limited
question being involved, respondents are not desirous of filing the reply
and that the petition may be listed for hearing. Consequently the
petition was heard on 8.7.1999.
As mentioned above, the Departmental Promotion Committee has approved the earlier action taken by respondents No. 2 in relation to the
grant of promotion to the petitioner vide order dated 18.1.1993. Word
Approval in the given facts and circumstances, always means
confirmation, ratification or consent given to an act, or thing, done.
The petitioner admittedly by virtue of the temporary promotion, was
required and assigned the duties and responsibilities of a post carrying
higher scale of pay. Therefore, the petitioner could not have been
deprived of or denied, the emoluments to which he was entitled by virtue
of the work extracted from him.;
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