AB. RASHID RATHER Vs. STATE AND ORS.

JUDGEMENT

(1.) The challenge in this petition is to Order No. FC(A) 59 of 2001 dated 14.03.2001 issued by the Financial Commissioner (Revenue) - respondent No. 2 herein, to the extent it rejects the claim of petitioner for his promotion to the post of Girdawar with effect from 27.07.1991. The facts -in -brief, as gathered from the writ record, are that the petitioner herein was appointed as a Patwari on 30.08.1974. It is averred that in the year 1989 respondents 4 & 5 recommended the petitioner for the award of Gold Medal on the occasion of ensuing Independence Day for his extra ordinary hard work in accomplishing the job of Settlement Operation in Tehsil Ramban. Thereafter, on the recommendations of the competent authority, he was given the charge of the post of Girdawar, Batote vide Order No. 254 -57/DLR/Acctt dated 22.07.1991 issued by the Director Land Records, Jammu - respondent No. 5 herein. It is averred that this action of respondent No. 5 was also later on approved by the Financial Commissioner (Revenue) - respondent No. 2 herein, vide Order No. FC(S) of 1991 dated 10.09.1991. Consequently, the petitioner made a representation to the respondents for placing him in the regular grade of Girdawar with effect from the date he was given the charge of the said post, i.e., with effect from 22.07.1991. It is averred that though his case was also recommended by the then Chief Secretary as well as Settlement Commissioner, Jammu for according him the regular grade of Girdawar with effect from the date he was given the charge of the post of Girdawar, however, respondent No. 2 vide Order No. FC(A) 59 of 2001 dated 14.03.2001, impugned herein, promoted him with effect from 12.10.2000. Hence this writ petition.

(2.) The grievance of petitioner is that after he was given the charge of the post of Girdawar, respondent No. 3 vide order dated 21.02.1992 promoted certain Patwaris to the post of Girdawar, thereby ignoring the claim of petitioner despite the fact that he had already been recommended for out -of -turn promotion in view of his outstanding performance. Not only this, again 35 Patwaris came to be promoted to the post of Girdawar vide order dated 14.06.1994; thereafter 37 Patwaris came to be promoted vide order dated 20.10.1994, then 69 Patwaris came to be promoted vide order dated 18.06.1998 and lastly 105 Patwaris came to be promoted to the post of Girdawar vide order dated 12.10.2000; however, the claim of petitioner was never considered when these promotion were made. It is averred that only on 14.03.2001 he came to be promoted to the post of Girdawar and the effect of promotion was given with effect from 12.10.2000.

(3.) The petitioner also claims that after he was given the charge of the post of Girdawar, he appeared in the departmental examination of Naib Tehsildar and was declared successful by the Public Service Commission vide Notification No. PSC/EX -2000/12 dated 21.02.2000.