DARSHNA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, a Senior Assistant in the office of General Manager Ranbir Government Press, Jammu was adjusted as Head Assistant temporarily without any Charge Allowance vide Office Order No. 104 dated 22.06.2009. She was, however, later allowed Charge Allowance despite her not qualifying the Secretariat Assistant Course. Passing of the Secretariat Assistant Course being essential under Rules governing the Service, she was reverted as Senior Assistant, the post substantively held by her, for her failure to qualify the Secretariat Assistant Course, though attempted twice. She has approached this Court questioning General Manager, Ranbir Government Press, Jammus Order No. 422 dated 01.01.2011 whereby she was reverted as Senior Assistant and respondent No. 3 adjusted as Head Assistant.

(2.) According to the petitioners learned counsel, the petitioner was substantively promoted as Head Assistant and her reversion without affording her opportunity of hearing, was illegal. Respondent No. 3s promotion as Head Assistant is questioned on the ground that being junior to the petitioner, she could not be promoted as Head Assistant.

(3.) I have considered the submissions of the learned counsel for the parties and perused their pleadings.