AB RASHID DAR Vs. STATE

JUDGEMENT

(1.) BY order No. 343 of 1987 dated: 12 -11 -1987 respondent No. 2 General Manager Govt. Press, Srinagar ordered promotion of respondents 3 and 4 as Katib in the pay scale of Rs. 900 -1830 from the posts of time keeper and inker -feeder (carrying grade of Rs. 745 -1025) in Kitabat Section of Press. This order is challenged by petitioner who too lays claim to the promotional post of Katib on eligibility and merit. Relief is also sought for fixing seniority of petitioner in the promotional post of Katib over and above respondents 3 and 4. Petitioner alleges that he alone as Ëœsangsazâ„¢ was entitled to promotion as the Ëœsangsazâ„¢ falls within the feeder category of promotion to the post of ËœKatibâ„¢. Time Keeper is not at all included in the feeder category for the promotional post of Katib. While petitioner and respondents appeared in the practical test conducted by the Department and the petitioner alongwith others qualified for the post but his claim was ignored and other two respondents were taken in violation of rules. The J&K Press Subordinate Service Recruitment Rule, 1980 issued vide SRO 354 of 1985 (hereafter for short Rules) is applicable to Kitabat Section of the Govt. Press. Schedule (ii) to these rules under the caption "Kitabat Section", provides the method and mode of recruitment to non -gazetted posts in the press. It among other things provides eligibility and qualification for promotion to the post of Katib. In the Rules under ËœKitabat Sectionâ„¢ at S.No. II, the post is to be filled up 100% by promotion from Class -III among persons having three years experience as such. Class -III post is of "sangsaz. The post of Ëœsangsazâ„¢ though shared by direct recruits and promotees in the ratio of 2:3 is to be filled so far as in -service people are concerned from the category of inker -feeder. The post of inker -feeder falls within class of General Section. The only promotion which can be given to inker -feeder is to the post of "sangsazâ„¢ and not as Katib. The time keeper in terms of the above rules is not at all covered by the promotional post of Katib. Petitioner in terms of rules alleges that he had the eligibility and experience to be promoted to the post of Katib. Accordingly writ of certiorari for quashing the impugned promotional order is prayed for and mandamus for putting respondent No. 2, General Manager under command to promote the petitioner, with release of consequential benefits is also prayed for.

(2.) RESPONDENTS No. 2 has contested the case and filed counter. Application of J&K Press Subordinate Service Recruitment Rules of 1980 with annexed schedules, is not disputed. It is not also disputed that the petitioner initially substantively appointed as inker -feeder in 1982, was on promotion appointed to the post of Ëœsangsazâ„¢ in September, 1987 on consideration of his eligibility with prescribed experience. It is not also denied that when the DPC considered the promotion to the post of "Katib. petitioner alongwith respondents 3 and 4 passed written test. However, while the two respondents were appointed, in petitionerâ„¢s case it is stated that the petitioner lacked the qualification and prescribed experience for the post of ËœKatibâ„¢ Respondents 3 and 4 who held the post of timekeeper and Sr. Scale inker -feeder at the time of their promotion, were reckoned senior to petitioner and promoted. The order is stated to be just and not in contravention of law.

(3.) DURING the course of hearing it is contended (not denied on otherside) that as per the Rules as applicable to the posts of "Katibsâ„¢ in Kitabat Section the post is to be filled up 100% by promotion from feeder posts of "sangsazâ„¢ with three years experience as such sangsaz. There is no other category or categories of posts to serve as feeder category for promotion to the post of Katib. In service inker -feeders with matric proficiency in calligraphy can be promoted in the ratio of 40% to the available posts of sangsaz, leaving the other 60% to be filled by direct recruitment. Admittedly in this case respondents 3 and 4 holding the post of time keeper and inker -feeder could not have been promoted to the post of Katibâ„¢, as per the rules. At best prescribed criteria being met, they could have been promoted to the post of Ëœsangsazâ„¢. Petitioner alone was holding the post of sangsaz at the time of promotion and not the respondents 3 and 4. Obviously using the up staged words Sr. Scale inker -feeder, not envisaged by above rules and schedule cannot change the rule position as the inker -feeder and the time -keeper could have been only promoted to the post of Ëœsangsazâ„¢ and not Katib. Initial appointment and counting of seniority on that basis is wholly alien to the prescribed rule position so far as promotion to the post of Katib, is concerned.