SYED ARSHID TRAMBOO Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner came to be appointed as Assistant Works Manager in the Jammu and Kashmir State Road Transport Corporation (hereinafter referred to as "the respondent-Corporation") vide appointment letter dtd. 20/6/1988. He was accorded promotion as Works Manager on 2/11/1999. This was done on the basis of recommendations made by the Departmental Promotion Committee and approval granted by the Chairman of the respondent-Corporation. The petitioner, who was entitled to the next promotion of Deputy General Manager in terms of the Rules in vogue, was considered only for his adjustment as Incharge Deputy General Manager (Maint) in his own pay and grade in terms of order No. 06/JKSRTC/MD/PS/Sgr dtd. 28/7/2007 issued by the Managing Director of the Corporation. The petitioner approached the respondent-Corporation by way of his representations made on 12/4/2008, 13/5/2008 and 17/1/2009 but the request of the petitioner for confirming his promotion as Deputy General Manager was not acceded to. However, officiating allowance for holding the post of Deputy General Manager (Maint.) was granted by the respondent-Corporation vide order No. JKSRTC/MD/906 dtd. 4/9/2010.

(2.) While the petitioner was representing for his confirmation as Deputy General Manager and consequent promotion to the post of General Manager, which was lying vacant, the respondent-Corporation vide its communication dtd. 26/11/2015 requested respondent No. 1 for appointment of one Abdul Hamid Wani, a Drilling Engineer in Geology and Mining Department of the Government as General Manager on deputation. This communication dragged the petitioner to litigation and he filed the instant petition.

(3.) In this petition, the petitioner apart from throwing challenge to the impugned communication dtd. 26/11/2015, has also prayed for a direction to the respondent-Corporation to confirm his promotion as Deputy General manager w.e.f. 28/7/2007 i.e. the date when he was eligible and was assigned the charge of the said post, with all consequential benefits. The petitioner also claims his further promotion to the post of General Manager w.e.f. 28/7/2012 as per the J and K State Road Transport Corporation Recruitment Regulations, 2013 ["Regulations of 2013"].