BADRUL JAMALI Vs. STATE

JUDGEMENT

(1.) ON 21 -12 -1994, Mr. R. Pant GA, made a request that main case be disposed of at the admission stage itself. He has already filed objections and I have heard L/c for the parties. The grievance of the petitioner is that he is not being promoted as senior Manager in the corporation. He claims to be degree holder in Mechanical Engineering and has rendered "five years service in the cable car corporation. Before his appointment in the respondents -corporation he was working in J&K State Industrial Development corporation and Jammu & Kashmir Industries. In those departments petitioner claims to have rendered a service of six years. The petitioner came to be appointed as Deputy Manager in the cable car corporation in the year 1989. According to the petitioner the cadre strength of the corporation has been, mentioned in consultation with M/s Rites, which is consulting company to the cable car corporation. The annexure -B, to the petition reflects the number of posts and the cadre strength of the corporation according to the petitioner. ln the said annexure one post of Deputy Manager Engineering has been shown.

(2.) THE next post has been, shown to be that of Senior Manager (Executive Engineer Mechanical). According to the petitioner after the petitioner came to be appointed as Deputy Manager, one of the Junior officers who was only a diploma holder namely Mr. Aijaz Pandit, who was initially appointed as Assistant Manager was promoted as Deputy Manager and was bought at par with the petitioner. After making promotion of said Aijaz Ahmad the corporation on 13 -8 -1990; ordered that petitioner will officiate as Incharge Gulmarg project till an appropriate rank is created and filled. The order was made effective from 1st of June 1990. The petitioner was also granted a special pay, of Rs. 100/ - per month. The petitioner further submits that a committee was constituted for examining the creation of posts in the corporation and the committee approved the creation of number of posts. According to him, it approved creation of four posts of Deputy Managers in the grade of Rs. 2100 -3900. The respondents on the other hand in their objections have categorically stated that there is no post of Senior Manager available, but there was only a proposal which has not been approved so far. It is contended by the respondents that because of the prevailing situation in the valley, no worth while work is going on, the project for many years now and therefore, it will not be advisable to create further posts. They have also contended that the petitioner cannot ask for creation of a post and this court has no jurisdiction to order for creation of posts.

(3.) I would have been in agreement with the respondent that neither the petitioner can ask for ceration of post, nor this court can direct respondents to create the post. But for the order issued on 13th of August 1990 contained in Annexure -C of the petition which reads as under: