(1.) IN the instant petition, petitioners seek quashment of order No.66 -LM of 2007 dated 30.08.2007, whereby the petitioners promotion as Manual Assistants Grade -II made in terms of order 12 -LM of 2006 dated 27.04.2006 stands rescinded. The facts for disposal of this case are detailed out as under:
(2.) IN terms of order no. 48 dated 19.06.2000, petitioner no.1 who was working as an orderly in Weights and Measures Department, came to be adjusted against the available post of Manual Assistant Grade -II on stopgap arrangement. It is submitted that the petitioners 2 and 3 were also working as Watchmen were also adjusted as Manual Assistants Grade -II on the stopgap basis in terms of Order No. WM -61 of 2000 dated 21.08.2000 issued by Dy. Commissioner, Central Weights and Measures Department. It is further submitted that petitioners 4 to 11 were also working as orderlies/Watchmen were allowed to officiate as Manual Assistants Grade -II in their own pay and grade by respondent no.2 in terms of order no. 41/LM of 2005 dated 27.10.2005.
(3.) ON notice, the respondents have filed reply wherein they have stated that the appointment to the posts of Manual Asstt Grade -II is governed by J&K Weights and Measures (sub ordinate) Service Recruitment Rules 2001 (for short Rules of 2001). Rule -5 of the rules provides the qualification and method of appointments as under: