LAWS(J&K)-2013-7-39

KISHORE KUMAR SHAN Vs. STATE AND OTHERS

Decided On July 12, 2013
KISHORE KUMAR SHAN Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) Petitioner by the medium of petition-in-hand seeks a direction to the respondents to fix his seniority retrospectively, i.e. with effect from 01.07.1982, the date he was appointed in the pay scale of Rs. 250-460; with a further direction to the respondents to consider his case for promotion to the post of Supervisor Grade-I with all consequential benefits, retrospectively, i.e., with effect from the date his juniors came to be promoted.

(2.) The facts in brief are that the petitioner was appointed as a Storekeeper in the pay scale of Rs. 250-460 vide SFC Order No. 211 dated 01.07.1982 and continued to work, as such, upto 24.05.1984. It is contended that vide order No. 315-16/PS/MD dated 25.05.1984, he was adjusted as Assistant Supervisor in the same pay scale, that is to say only his cadre from Storekeeper to Assistant Supervisor was changed. Thereafter, the respondents issued Seniority List vide No. 338-88/BIX/SFC dated 29.04.1995, in which name of the petitioner appeared at S.No.132 whereas his date of first appointment was shown as 05.07.1982 (though it is 01.07.1982) and date of first promotion as Supervisor Grade-II as 25.05.1984, which as per the contention of the petitioner was not a promotion, but, only change of cadre in the same pay scale, which he was already drawing while working as a Storekeeper.

(3.) Being aggrieved, the petitioner made representation (s) to the respondents contending therein that though he was appointed as Storekeeper on 01.07.1982, but, in the seniority list, his date of appointment was indicated as 05.07.1982 (though it is 01.07.1982) with date of promotion as 25.05.1984 on the post of Assistant Supervisor. Whereas, the fact of the matter is that no promotion was ever given to him, his cadre from Storekeeper to Assistant Supervisor was changed.