AKHTER HUSSAIN Vs. STATE OF J & K

JUDGEMENT

(1.) The short grievance projected by the petitioner in this petition is that he was appointed as Class-IV employee in the District Cadre of Health Department on 29.03.2006. He is 10+2 and belongs to reserved category of RBA. The petitioner claims that after rendering service as Class-IV for several years, he has become entitled to promotion to the post of Junior Assistant, which is required to be filled up 25% by promotion in terms of the Jammu and Kashmir Health and Medical (Sub-ordinate) Service Recruitment Rules, 1992. The petitioner further submits that with a view to acquire eligibility, Class-IV employee, who falls in the feeding category must possess typing speed of not less than 25 words P.M. The petitioner claims that he was put to such test and qualified the same as well. Despite the fact that he was included in the list of qualified Class- IV employees and was placed at Serial No. 01 and also that 08 posts of Junior Assistants are available in the District Cadre, Doda, the petitioner has not been considered for promotion to the post of Junior Assistant either in the incharge capacity or in substantive capacity.

(2.) The short grievance of the petitioner is that in terms of the Jammu and Kashmir Civil Services (Reference of Vacancies and Holding of Meetings of Departmental Promotion Committees) Rules, 2005 (for short "Rules of 2005"), it is incumbent upon the respondents to refer the cases for promotion against the available vacancies twice a year but the respondents have not carried out the mandate of the Rules of 2005 and have, thus, deprived the petitioner of his right of consideration by the DPC and consequently, his promotion to the post of Junior Assistant.

(3.) Having heard learned counsel for the petitioner and perused the record, I am of the view that this petition can be disposed of at this stage without putting the respondents to notice.