BHOLI DEVI Vs. SKUAST

JUDGEMENT

(1.) The petitioner is serving in Sher-e-Kashmir, University of Agriculture Science and Technology (SKUAST), Jammu as Assistant-cum-Typist and is holding the selection scale since 27.03.2013. He came to be appointed as Assistant-cum-Typist in the then pay scale of Rs.3050-75-4590 and was posted in the Directorate of Resident Instructions Wing of SKUAST vide University Order No.75(Estt) of 2002 dated 13.08.2002.

(2.) The petitioner has given the details of 30% employees, who were placed in the selection grade from time to time and the last one being one Rajni Bharti, appointed along with the petitioner, was placed in the selection scale w.e.f 21.11.2008 (substantively) and w.e.f 13.08.2007 (notionally). Next in the order of seniority was one Tabrez Ahmed who was followed by the petitioner. Both Tabrez Ahmed and petitioner having completed their five years service on 12.08.2007, were eligible to be placed in the selection scale immediately on the accrual of vacancies.

(3.) It is the grievance of the petitioner that despite there being vacancies available, vide order dated 07.03.2013, aforesaid Tabrez Ahmed was given the benefit of selection scale and the petitioner was dropped. It is submitted that the order dated 07.03.2013 whereby the said Tabrez Ahmed was placed in the selection scale indicates that apart from Tabrez Ahmed, some more candidates were cleared for placement in the selection scale. However, the annexure appended with the said order contains only one name i.e. the name of Tabrez Ahmed. This is how, the petitioner claims, she was ignored. The petitioner claims to have made repeated representations to the Authorities, but nothing fruitful was done. It was only on 11.09.2013, the respondents-University vide Order No. 238 (Est) of 2013 placed the petitioner in the selection scale prospectively w.e.f 27.03.2013. The petitioner submits that, though her grievance with regard to her placement in the selection scale was partially redressed, but her appointment was not given effect from the date the vacancy was available and, she was also eligible and the only candidate next in the order of seniority to be placed in the selection scale.