S SARAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS seek issuance of writ of Certiorari to quash Government Order No. 144 -H and FW of 1999 dated 15.3.1999 and further direction to regularise their promotions and to give them consequential benefits including salary and seniority.

(2.) PETITIONERS while working as Class IV employees were promoted by the Chief Medical Officer, Anantnag, Respondent No. 4 vide different orders dated 24.1.1998 to the post of para -Medical Assistant, Basic Health Worker, Junior Health Inspector and multipurpose worker. Against the resultant vacancies cause vacant to the promotions of the petitioners, the respondent no. 4, made appointment of Class IV employees also. The respondents having found these promotions and appointments made by the respondent no. 4 in violation of the rules and the procedure prescribed vide impugned Government Order cancelled the appointments.

(3.) THE impugned order has been challenged by the petitioners on the ground that the petitioners have been promoted against promotional posts in accordance with the procedure and the law. Rules contained in SRO 20 of 1992 cannot be made applicable to the case of the petitioners as the proposed draft rules made a provision for promotion of the petitioners, class IV employees, to the promotional posts, against which petitioners have been promoted. The Department Promotion Committee was never convened to assess the suitability of the petitioners as directed by the court. Before passing the order of cancellation of the promotions of the petitioners, principles of natural justice have not been followed.