STATE OF J&K Vs. PRINCE AHMAD KHAN

JUDGEMENT

(1.) The instant appeal by the State of Jammu and Kashmir is directed against judgment dated 18.10.2008 rendered by the learned single Judge of this Court, holding that once the writ petitioner-respondent has been permitted to officiate on the post of Junior Scale Stenographer for a long period of 4 years then it was not justified to withdraw his pay scale of the post of Junior Scale Stenographer. The learned single Judge further directed that the services of the writ petitioner-respondent be regularized on the post of Junior Scale Stenographer (stenographer as per rule) with effect from the date he was asked to officiate. The view of the learned single Judge is discernible from the following extract of the judgment which read thus:--

(2.) A perusal of the aforesaid order shows that the writ petitioner-respondent was given the higher grade of 1150-2050. However, his pay was re-fixed vide order dated 24.06.1995 by giving him the basic pay as a Junior Assistant plus officiating allowance for working as Stenographer with effect from 06.06.1991 (P3).

(3.) The recruitment to the post of Stenographer is regulated by statutory Rules, known as the Jammu and Kashmir Excise and Sales Tax (Subordinate) Service Recruitment Rules, 1991 (for brevity to be referred as 'the Rules') which have been framed in pursuance of powers conferred by the proviso to Section 124 of the Constitution of Jammu and Kashmir. The post of Stenographer finds mention in Schedule II and the minimum qualification prescribed for the post is graduation from any recognized University having minimum speed of 65 and 35 words per minute in short hand and typewriting respectively. The second qualification for direct recruitment prescribed is six months certificate course in Computer applications from a recognized institute. Under the column "method of recruitment" the appointment has to be made by direct recruitment on the basis of competitive test. Thus there is no rule for promoting a person from the post of Junior Assistant to that of stenographer. It is in the aforesaid context that the import of the order dated 05.06.1991 has to be understood, which in letter and spirit implied that in the administrative exigency the writ petitioner-respondent, who was working as Junior Assistant in the department and had qualified the test of stenography, was to officiate as Junior Scale Stenographer till the time selection is made by the Subordinate Services Selection Board.