HAROON RASHID LONE Vs. STATE OF J&K

JUDGEMENT

(1.) IN this writ petition, the petitioner is seeking a writ in the nature of certiorari for quashing communication No. OM No. A/29 (98) -233 dated 15.3.1999 addressed by Accounts Officer (Code), respondent No. 2, to Secretary to Government, Law Department, respondent No. 3, and letter No. LD (A) 95/100 dated 19.3,1999 addressed by Under Secretary to Government Law Department to the Registrar General, High Court of Jammu and Kashmir. The petitioner has further prayed for a writ in the nature of mandamus directing the respondents to place the petitioner in the higher grade of Rs. 2000 -3400 (pre -revised) in terms of SRO 291 dated Ist June, 1978 with effect from Ist September, 1993 and to give him the monetary and other consequential benefits.

(2.) THE case of the petitioner is that he passed B.Sc. (Final) Examination from the University of Kashmir in the year 1983. The petitioner has also obtained the Degree of Bachelor of Library and Information Science from the same University in the year 1984. He was appointed as Librarian in Jammu and Kashmir High Court vide order dated Ist September, 1988 in the grade of Rs. 1150 -2050 (pre -revised). Further, according to him, by virtue of the Jammu and Kashmir (Revised Pay Fifty -Eighth Amendment Rules, 1978, promulgated vide SRO 291 dated 1.6.1978, it was provided that as and when a librarian improves his qualifications and fulfills other requirements of the rules, i.e., five years experience as librarian and the qualification of Diploma/Degree in Library Science and the basic academic qualification of BA/B.Sc/B.Com, he may be placed in the higher grade of Rs. 475 -850 from the date he is declared fit for such placement by the Committee of Experts/Departmental Promotion Committee, as the case may be, and if the post held by him is in a lower grade, it should be deemed to have been upgraded to Rs. 475 -850 from that date. It was further provided therein that the upgradation of the post will be personal to the librarian and, as soon as he vacates the post, it shall revert to its original grade unless it is occupied by a librarian of equivalent grade. Since the petitioner has the qualification of B.Sc. and has obtained a Degree of Bachelor of Library and Information Science, besides having completed five years experience long back, he became entitled to the grade of Rs. 475 -850 (pre -revised) provided under SRO 291 dated Ist June, 1978, but he was not placed in the said higher grade. According to the petitioner, he filed numerous representations for giving him the benefit of the higher grade and after a prolonged period of time, the Registrar General of this Court addressed letter No. 7847/NG dated 29th November, 1996 to the Secretary to Government, Law Department for, placing the petitioner in the higher grade of Rs. 2000 -3400 (revised at the relevant time) in terms of SRO 291 dated Ist June, 1978.

(3.) IT may be mentioned here that when the Registrar General of this Court made recommendations vide letter dated 29.11.1996 to the Secretary to Government, Law Department for placing the petitioner in the higher grade in terms of SRO 291 of 1978, the Government slept over the matter for quite long a time as a result the petitioner was compelled to file a writ petition, SWP No. 3071/98 seeking a writ in the nature of mandamus directing the respondents to place the petitioner in the higher grade in terms of the said SRO. This writ petition was disposed of by this Court on 29.6.1998 with the following direction :