GH. QADIR WANI Vs. STATE

JUDGEMENT

(1.) Training School, Nowpora Sopore, where the Petitioner was appointed as Mali-cum-Chowkidar, was run by the Horticulture Department. In terms of SRO 370 issued vide notification dated 17.6.1986 under endorsement No. Agriculture-Horticulture 98/84, the said school was taken over by the SKUAST and all employees of the said Horticulture Training School were transferred to SKUAST. The employees of the said school were required to opt for University service on the terms and conditions as were to be determined by the Board of Management of the University in consultation with the Government. The Petitioner while exercising the option opted to serve the Horticulture Department but continued to be on the rolls of SKUAST with effect 1.7.1986. Till date he has neither been repatriated nor has been absorbed in the SKUAST, resultantly has been deprived of service benefits to which he was entitled to i.e. having been in a particular scale for last 27 years was entitled to time bound promotion in terms of SRO 14 and in case he would have been absorbed in the SKUAST, then was entitled to placement in the next higher scale as regulated under the provisions of SKUAST statute.

(2.) The position as stated is not disputed but what has happened is that the Petitioner has been treated a transferred employee to the SKUAST in terms of Section 50 of the SKUAST Act 1982 but while noticing position of the Petitioner having been deprived of the service benefits, Assistant Controller, FVSC & AH, Shalimar vide communication dated 27.2.2004, addressed to the Registrar, SKUA.ST-K, Shalimar campus, has made mention of all the details and has recommended that the Petitioner may be(sic) from 1.10.1987 so that his placement in the next higher scales is regulated under SKUAST statute of in alternative Petitioner may be repatriated to his parent department (Horticulture Department). Then again vice communication dated 12.4.2004, Assistant Registrar has communicated to the Director Horticulture Department, J&K, to expedite repatriation of the Petitioner to the Horticulture Department. Then vide communication dated 10.6.2004, addressed to the Director Horticulture Department, Assistant Comptroller, FVSC & AH, Shuhama, has recommended that till the repatriation case is settled, necessary sanction for Petitioner's placement in the next higher standard scale of pay, in terms of SRO 14 may be issued. When all this did not yield results, the instant petition came to be filed.

(3.) In the reply the position has been admitted, however, it has been added that the case of the Petitioner has been forwarded to the Administrative Department vide No. Adm/NG/PF/9191-93 dated 16.10.2006 for accord of necessary orders/instructions which is under consideration and no final orders have been issued so far, therefore, writ petition is premature.