HANDLOOM NON-GAZETTED EMPLOYEES Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners have challenged the vires of SRO 164 dated 01 -09 -1993 by virtue of which the government in exercise of powers conferred by the proviso to section 124 of the Constitution of Jammu and Kashmir have framed Jammu and Kashmir Handloom Development (Subordinate Services Recruitment Rules) on the ground that these rules have adversely affected their chance of promotion. It is further averred that the petitioners were first appointed in the Handicraft department and their services conditions were different but these have been arbitrarily changed under the new rules. The petitioners, therefore, seek quashment of the rules on the ground that these are arbitrary and have adversely affected the promotion avenues of different categories.

(2.) THE only question involved is whether the recruitment rules (Sic) made by the Government in exercise of legislative powers have in any manner affected the service conditions of the petitioners and if so on what grounds (Sic) can be quashed. In State of Andhra Pradesh & ors etc, V - Mcdowell and Co. and others etc., AIR 1996 SC 1627, their Lordships while dealing with the scope of judicial review in case of law made by the Legislature held as under: -

(3.) SINCE mere chances of promotion are not the conditions of service, therefore, the petitioners cannot question the vires of the Recruitment Rules. In view of the above this petition is without any merit and is dismissed accordingly.