YOGINDER SINGH JAMWAL Vs. STATE OF J & K

JUDGEMENT

(1.) As per the petitioner, he was initially appointed as Sanitary Inspector in the Notified Area Committee, Akhnoor. He was promoted as Food Inspector in Notified Area Committee, Samba. This position is not being disputed by the respondent-Municipality and the counsel who has put in appearance for the Local Bodies department.

(2.) The further fact is that on 27.4.1979, the petitioner came to be appointed as Food Inspector in Notified Area Committee, Vijaypur. This was by way of transfer. This is apparent from the order itself.

(3.) Another fact which is projected is that the petitioner was supposed to clear certain examinations in terms of a Notification issued by the Government on 10.8.1979. The petitioner submits that he has qualified the same. He was given the revised pay scale of Food Inspector also. Not only this, he has been given in situ promotion also. The petitioner submits that for all intents and purposes, he has became an employee of the Jammu Municipality. For this, reliance is being placed on a Seniority list of Food Inspectors, wherein petitioner's name is also shown. He figures at S.No. 10 in the said seniority list (Annexure "E") at page 26 of the writ petition. This is dated 1.5.1993. On the basis of this, it is submitted that the petitioner has become an employee of the Jammu Municipality, and he cannot be sent back to his parent department.