ABDUL QAYOOM SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) Urge for elevation in Service Status has landed Abdul Qayom Shah, the petitioner, in this Court of Extra Ordinary Civil Writ Jurisdiction. He claims promotion against the post of Pasture Development Officer created pursuant to amalgamation of two wings of Agrostology of the Soil Conservation Department and the Forest Department along with the respective staff, into a Unified Wing, placed under the over all control of the Principal Chief Conservator of Forests, Forest Department vide Government Order No. 358-FST of 1997 dated 29.7.1997.

(2.) He says that feeding cadre to the Post being Range Technician with seven years field experience in Agrostology, the State-respondents order directing his adjustment against the post of Range Technician in the Pay Scale of Rs. 1760-3200 created in the Unified Agrostology Wing of the Forest Department, entitles him to promotion against the post, which is stated eclipsed with the conferment of additional responsibility on Sanjay Kothidar-respondent No.5, a Silt Analyst in the Batote Forest Division, as stop gap arrangement, until the Post was filled up under rules.

(3.) The petitioners Claim is contested by the respondents on twin grounds viz. (i) Being still an employee of the Soil Conservation Department despite amalgamation of the Agrostology Wing of the Soil Conservation Department with the Forest Department, the petitioner possesses No Right to seek consideration for promotion, and ii) Holding substantively the Post of Assistant Survey Officer and not that of a Range Technician, the petitioner was disentitled to promotion, for, once working against a Post does not clothe him with promotion thereagainst as such.