STATE OF J&K Vs. BASHIR AHMAD SHEIKH

JUDGEMENT

(1.) THIS letters Patent Appeal has been preferred by the State against the judgement dated 4th September, 1998 passed by the learned Single Judge in SWP No. 706/1998 whereby the learned Single Judge has issued a direction to the appellants to consider the case of the respondent (writ petitioner) for promotion to the post of Laboratory Assistant and also to consider his prayer for retrospective benefit of promotion.

(2.) A few facts necessary for the disposal of this appeal are that the respondent was appointed as a Peon in the Education Department. Vide order dated 12th April, 1983, he was transferred to Zoology and Botany Department to assist as Laboratory Bearer. The respondent made an application to the Principal, Government Higher Secondary School, where he was working, to change his cadre from Peon to Laboratory Bearer. His claim was considered and rejected vide order dated 11th December, 1987 by the Director, School Education, Kashmir, appellant No.2 herein. In the meantime, some promotions were made in the Department to the post of Laboratory Assistant. Aggrieved of the rejection of his claim to change his cadre, the respondent approached the court by means of SWP No.706/89 seeking to quash the communication dated 11th December, 1987 and also issuance of writ of mandamus to adjust him against the post of Laboratory Bearer from the date of his transfer, i.e., dated 12th April, 1983. He also sought a writ of mandamus to promote him as Laboratory Assistant taking into consideration his experience.

(3.) THE appellants herein in their reply to the writ petition have stated that the respondent was appointed as an Orderly and his change of cadre was not accepted by the appellants and that only those employees have been promoted whose cadre has been changed by the competent authority, which is the Government. The Departmental Promotion Committee in its meeting held on 8th August, 1991 scrutinized all such cases and set -aside all the orders issued by the then District Education Officer vide order No.E -I/533 -600 dated 27th April, 1991 which were either illegal or had been passed in violation of the provisions of SRO 240 of 1979. It is also stated that the respondent being an Orderly, can be promoted as Junior Assistant on his turn; provided he is possessing typing speed of 25 words per minute. The respondent will be considered for promotion to the post of Junior Assistant as and when the Departmental Promotion Committee meets.