MOHINDER KOUR Vs. STATE

JUDGEMENT

(1.) The Petitioners were appointed as Laboratory Bearers under Jammu and Kashmir Educational (Subordinate) Service Recruitment Rules, 1979 (hereinafter referred to as 1979 Rules), in various schools of District Rajouri, during the period 1993-2002. The 1979 Rules identified Laboratory Bearers as one of the sources of promotion to the post of Laboratory Assistant in the grade of Rs. 200-320. The relevant part of the Rules may be extracted as under: <STYLE TYPE="text/css"> <!-- .style1 {font-family: Verdana} --> <FRM>JUDGEMENT_955_JKJ2_2011_1.html</FRM>

(2.) A final seniority list of the Library Bearers was prepared, and the Petitioners figured at Serial Nos. 3, 8, 10 and 47 in the seniority list. The Rules of 1979 were replaced by Jammu and Kashmir School Education (Subordinate) Recruitment Rules, 2008 (for short 2008 Rules) notified vide SRO 308. The new Recruitment Rules i.e. 2008 Rules, while enhancing the promotional quota from 25% to 50%, added new sources of promotion to the post of Laboratory Assistant. It would be advantageous to reproduce herein relevant part of Schedule - II (A), prescribing method of recruitment and minimum qualification for appointment to the post of Laboratory Assistant and Laboratory Bearers: <STYLE TYPE="text/css"> <!-- .style1 {font-family: Verdana} --> <FRM>JUDGEMENT_955_JKJ2_2011_2.html</FRM>

(3.) A bare look on the 2008 Rules reveals that in addition to Lab Bearers other Class VIII employees in the pay scale of Rs. 2550-3200 are made eligible to promotion as Lab Assistant with three years substantive service in Class VIII. The Petitioners contend that though the 2008 Rules enhanced the promotional quota by 25%, yet the Rules by including other categories of Class VIII service diminish the promotional quotas of Laboratory Bearers. It is pointed out that under 1979 Rules Laboratory Bearers constituted exclusive source for promotion to the post of Laboratory Assistants. The Petitioners without disputing the right of the Respondents to amend, modify and re-frame recruitment rules insist that the posts of Laboratory Assistants available and vacant on 15th October, 2008 i.e. before the 2008 Rules came into force are to be filled up in accordance with 1979 Rules. It is pleaded that 81 posts of Laboratory Assistants were vacant and unfilled on the date the 2008 Rules came into force and that these posts are to be filled up in accordance with 1979 Rules, treating the Laboratory Bearers as exclusive source against the promotional quota out of the available vacant vacancies of Laboratory Assistants. The Petitioners on the strength of averments made in the petition, seek following reliefs: