CHAMAN LAL AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioners and respondents No. 4 to 9 were working as Sub Inspectors in the respondent Department. Petitioners were placed as Incharge Inspectors to the exclusion of respondents No. 4 to 9. For promotion to the post of Inspectors in the respondent Department as per Jammu and Kashmir Excise and Commercial Taxes (Departmental Examination) Rules, 2006, Sub Inspectors who have qualified Departmental Examination are eligible for being promoted as Inspectors. Since the petitioners and the respondents No. 4 to 9 were not eligible, the respondent-authorities placed the petitioners as Incharge Inspectors. Respondents No. 4 to 9 noticing the same filed writ petition(SWP) No. 664/2007 which stand disposed of on 5th June, 2009 with a direction to the respondent authorities to accord consideration to the case of the petitioners therein for appointment as Excise Inspectors without taking into consideration the eligibility set out in the order under challenge providing for qualifying one or two papers.

(2.) The respondent-authorities in compliance to the said direction accorded consideration which culminated in issuance of Govt. order No. 246 of 2009 dated 28.10.2009 wherein it is stated that the department had acute shortage of Inspectors owing to non-conduction of departmental examination of Inspectors standard, therefore, for smooth running of the tax administration, the semi-qualified Sub Inspectors who had passed one or two papers of the departmental examination of Inspectors standard were given the assignment of Incharge Inspectors (in their own pay and grade) subject to the condition that they will pass the requisite departmental examination. Same was done without favour to any individual. It is further stated therein that the result of the departmental examination has been declared, a good number of Sub Inspectors have qualified the said examination, therefore, said Sub Inspectors are eligible for being promoted as Inspectors and those already working as Incharge Inspectors and who have not qualified the said examination shall have to revert as Sub Inspectors for which separate orders shall be issued. The petitioners on consideration were not covered by the rules, therefore, could not be given the benefit of incharge position.

(3.) As against the writ petitioners who have been placed as Incharge Inspectors, separate order was to be issued so as to revert them but same order was not issued for the reasons best known to the respondent authorities.