A K SADHU Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is aggrieved of order No.DSW/Estt/3716 -1879 passed by respondent No. 2, Director Social welfare Department, on 29 -9 -1979, promoting respondent No. 3 to class (II) category (A) carrying the guide of 280 -2520. Her case is that she possessed all the qualifications prescribed for the post under SRO 338 dated 16 -6 -1978, but was still not considered by the Departmental Promotion Committee, for short D. P. C., along with respondent No. 3, even though she was senior to her. The D. P. C. having approved respondent No. 3, the latter was appointed to the higher grade by virtue of the impugned order. A presentation made by the petitioner to that effect, which was in fact an appeal, has also remained undecided so far. She has, therefore, prayed that the impugned order may be declared void and respondents 1 and 2 may be, by a writ of mandamus, commanded to consider her for promotion to the higher grade. In the alternative, she has prayed that a direction may be issued to respondent No 1 to dispose of her aforesaid representation.

(2.) THE case of the respondents, on the other hand, is that the petitioner not being a matriculate, which was the one of necessary qualifications prescribed under SRO -338, was not possessed of all the qualifications either on 9 -10 -1978 or on 18 -8 -1979 when the D. P C. had met to consider the cases of eligible candidates for promotion to class II category A and was thus not eligible to be considered and had, consequently, no right to move this court in writ petition. No mendamus, according to them, could be issued to respondent No.1 to dispose of the petitioners representation which was not statutory in character. An attested copy of the proceedings conducted by the D. P. C. on 9 -10 -1978 and 18 -8 -1979 have also been placed on record during the course of arguments.

(3.) IT is well settled that before a petitioner may be allowed to challenge an order, he must show some sort of infringement of his own right, as a consequence of the said order. It is common ground that before SRO 338 came into force, a lady Social Welfare worker was not required to be matriculate. This qualification was for the first time provided by the said SRO as a result of which, a person to be appointed as a social welfare worker in the grade of 220 -430, whether by way of promotion from class IV, or by way of direct requirement, was required to be a matriculate. In other words, a person after SRO 338 came to be enforced, could in no case be appointed as a lady social worker unless she was matriculate. According to this very SRO, a lady social welfare worker could be appointed in the higher grade of 280 -520 either by direct recruitment, in case she was graduate, or by promotion from Class III category (A), provided she had 4 years service in that category. For the sake of convenience the SRO is so far as it relates to these two classes is reproduced as below: