PRITHVI RAJ SINGH SALATHIA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners, who are Post Graduate Teachers in the Department of Education of Jammu and Kashmir, have brought this writ petition under Article 226 of the Constitution, of India read with section 103 of the State Constitution praying for a relief of an appropriate writ, Order or Direction to quash the order of Respondent No. 3 bearing No. 2/1353) -39 dated October 20, 1981 with a further prayer claiming directions to respondents 1 and 2 to promote the petitioners to the next higher grade. It is alleged by the petitioners that they are the senior teachers at present working in SR.M.L School, Jammu. They have also come with the allegation that they are representatives of the senior teachers of the Post Graduate Teachers Association (Non -Gazetted) and the Association has unanimously resolved in favour of the petitioners to file the petition. The senior teachers were selected in the Grade of Rs. 220 -430 in accordance with the Notification of the Finance Department of the Government of Jammu and Kashmir dated 15th March 975, the copy of which is annexed with the petition as Annexure P -l All the petitioners who were appointed respectively on their respective posts right from July, 1968 to March, 1975 in the grade of Rs. 260 -"00 as senior teachers. It is also pointed out that by Notification No .A/118/73 -355 dated 15th March, 197i, four categories of grade for the school ,teachers were introduced. After the Second Pay Commission Report, the Government had introduced corresponding grade to those four categories The four categories of grades were Rs, 220 -4?0 for teachers, Rs 260 -700 for senior teachers, Rs. 340 -700 for Masters and Rs. 475 -850 for Senior Masters (Gazetted)

(2.) THE promotion to the above said first three categories was conducted by the Education Department under the Supervision of the Director of Education co -opted by the members of the Departmental Promotion Committee. Promotion for the fourth category of Senior Masters in the grade of Rs. 475 -850 was done through the Public Service Commission. The corresponding revised grades in accordance with the recommendations of the 3rd Pay Commission Report out of the above said grades are enumerated as under?

(3.) THE petitioners are aggrieved by the impugned order because it ignored the rights of the petitioners and all the senior teachers in the said grade of Rs. 260700 for promotion to the next higher grade and misconceived the judgment passed in the Letters Patent Appeal Consequentially prayed for the quashing of Annexure II, i e., Order No E -2/1.533 -39 dated .20,10 -1981 and have further prayed that in pursuance of a Mandamus be issued to the respondents 1 to 3 to promote the petitioners who shall be deemed to be in category IInd to be promoted to Category IIIrd m place of those who are promoted from category 1, i.e , the grade of Rs. 220 -430 directly to the category -IIIrd, i.e. , Rs 340 -700 ignoring the,, claim of senior teachers. The respondents 1 to 3 only have contested the petition. At the very outset an objection has been raised that the petitioners cannot represent the cause of other teachers in the name of Association of Senior Teachers who are neither the petitioners in the present case nor the said Association of Post Graduate Teachers is a recognized body Thus a case cannot be brought in the representative capacity on the basis of any resolution as alleged by the petitioners. It is further contended that the grade of Rs. 260 -700 (old) was merely an incentive given to the Post Graduate teachers in order to improve their performance and also to retain more qualified teachers in the department The said grade of Rs. 260 -700 did not entitle the Post Graduate Teachers to get preference over the Teachers having basic grade of Rs.220 -430 in the matter of promotion. With respect to Circular of the Finance Department bearing No A/118/73 -355 dated March 15,1975, it is submitted that the same is only meant for the purpose of designation and not for promotion from Rs.220 -430 grade to Rs.340 -700 grade (old). The designation (Senior Teachers) was also given as an incentive A reliance is also made by the respondents on SRO -24Q of 1979 and with the help of the same, it is pointed out, that the Masters grade in the scale of Ra.340 - 00 (old) was to be allowed to the teachers falling in the both of the categories No.l and No.2 keeping in view the length of service. The grade of Rs.260 -00 has no part to play in the matters of promotions and has nothing to do with promotions to the grade of Rs. 340700 as SRO -240 affords free choice to the department to promote teuhers from either of the categories No.I&II on the basis of the length of the service It is also denied that ratio of Letters -Patent Appeal No. l of 1981 is not applicable in the present case. It is submitted that the conditions laid down in Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rule, 1956 (for short herein -after called the rules) have been fully complied with while making the promotions of other respondents to the grade of Rr.340 -700 (old), the revised, of which is Rs 680 -1240. It is thus prayed by the respondents that the petition deserves dismissal.