GH HASSAN BIJLI Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application for an appropriate writ in order to quash Government order dated 27 -10 -67 which is annexure 7 to the Petition and consequently also to quash Government order dated 27 -4 -68 which is annexure 9 to the petition.

(2.) THE petitioner was working as a Tehsildar in the Revenue Department of the State since the year 1965. In pursuance of Rule 18 of the Jammu and Kashmir Administrative Service Rules, 1965 (hereinafter referred to as the Rules) the petitioner alongwith a number of others was appointed to the cadre of the KAS and posted in the junior scale of the service as Tehsildar. The rules consist of three grades of service : the selection grade, the senior scale and the junior scale. The starting point of the service is the junior scale. The rules contain a schedule of various kinds of posts that are allotted as against a particular scale. It is not disputed before me that the post of a Tehsildar was under the junior scale which was held by the petitioner. It is also not disputed before me that the post of an Asstt. Commr. or that of a SDO was in the senior scale of the service. It appears that by virtue of Government order 27 -10 -67 which runs thus : -

(3.) THE petitioner was appointed as SDO but a rider was added to his appointment in that he was to draw his own pay only in the junior scale of the service with a duty allowance attached to the post. In other words the main plank of argument of Mr. Chowdhury appearing for the petitioner is that if the petitioner was considered to be fit for promotion in the senior scale was absolutely no provision in the rules to warrant the appointing authority to fix the rider and compel the petitioner to draw his pay in the junior scale even though he was holding the post of senior scale. Six months later another order was passed by the Government which is annexure 9 to the petition and which runs thus : -