AB MAJEED SHEIKH Vs. STATE

JUDGEMENT

(1.) PETITIONER was initially appointed as Chowkidar in the office of Dy. Financial Advisor and CAO, Srinagar on 20 -02 -1989 (Annexure PI). Later he was declared quasi permanent under the J&K Civil Service (Temporary Service Rules) 1961 vide order No. 30/9/1995 (Annexure -P4). On 22 -07 -1991 a Departmental Promotion Committee of the department in its meeting conducted test of petitioner along with other two candidates and the minutes sheets of the type test is on record. Then again on 26 -08 -1995 Dy. Financial Advisor and CAO Srinagar, Flood Control and Power Projects, Srinagar addressed a communication to concerned indicating that a meeting of Departmental Promotion Committee was scheduled to be held on 2nd of September, 1995 with one of the agenda items proposal for according regular promotion as Jr. Assistant to petitioner along with some other candidates. Petitionerâ„¢s case is that despite availability of the post and this eligibility for promotion, he has not been promoted as Jr. Assistant/Jr. Typist on regular basis. He appeared in the test in the year 1991 and then again in 1995 and feared well, yet petitioner is discriminated against and not promoted unjustly despite availability of post. He made several representations but of no avail. He prays for appropriate writ/direction commanding the respondents to regularise the petitionerâ„¢s such service and to pay him all consequential benefits on promotion.

(2.) RESPONDENTS in reply have not denied the facts as stated on record. Holding of test for the post of Jr. Assistant/Jr. Typist in the year 1991 is not denied. But petitioner is stated to have not secured the prescribed speed of typing of 30 words p.m. though pursuance to results of this test petitionerâ„¢s case for adhoc promotion was recommended from July 1991. Petitioner along with other promotees came to be promoted and appointed as Jr. Assistant on adhoc basis vide order dated 27 -07 -1991 initially for a period of two months which was extended from time to time. This adhoc promotion was given to petitioner in a migrant arrangement as no clear vacancy was available in the department. The original post of Jr. Assistant held by petitioner is of one Sh. M.L. Bhat, a migrant typist who has a lien on the post. Petitioner continued in the arrangement in absence of said Sh. M.L. Bhat. Petitioner claims for the post of Sr. Assistant, could not be considered as petitioner has not been substantively appointed as Jr. Assistant for the reason mentioned above. The petitioners case for regular promotion against the post will be considered by the Departmental Promotion Committee at appropriate time when same meets for the purpose.

(3.) THIS matter stands already admitted to hearing on 18 -07 -1996. Heard.