SHUBEENA RAHIM Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) This writ petition is filed praying for issuing Writ of Mandamus directing the official respondents to allow the petitioner to join as Field Assistant in pursuance of Order No. 62 of 2000, dated 16.08.2000 with retrospective effect and pay compensation to him. According to the petitioner, she has passed T.D.C. Part-II in Commerce and has been engaged as Daily Wager vide order dated 01.03.1994. She continues to work in the Lakes Division (Civil Division Ist.), Srinagar. The Board of Directors decided to strengthen the ecological monitoring Laboratory which is working under the authority of J&K Waterways Development Authority, and the Directorate Office of Lakes and Waterways Development Authority (LAWDA) was asked to appoint/select/promote persons on the basis of seniority and qualification. The said issue was deliberated on 14.08.2000 by the Director, LAWDA stating that B.Sc candidates be confirmed against recommended posts, graduates to be adjusted against Class IV posts and all other posts be filled up according to seniority and qualification. The list of candidates proposed for promotion/adjustment was dawn which was approved by the Vice Chairman, LAWDA. In the said proposal, the petitioner's name was shown at Sr. No. 11 and she is shown to be promoted as Field Assistant and respondent No. 4 is shown at Sr. No. 14 as Orderly. The said proposal was approved without any change or alteration and final order was issued bearing No. 62-LDA of 2000, dated 16.08.2000. The petitioner came to know about her selection as Field Assistant. However, the list which was circulated contained the name of 4th respondent at Sr. 11 and petitioner's name was not included. The petitioner submitted a representation to the Vice Chairman, LAWDA stating about her figuring in the list initially and not in the final list. Again representation was submitted on 03.12.2000 which was forwarded by the Assistant Executive Engineer to the Vice Chairman, LAWDA and the petitioner was informed that the matter is pending before the Vigilance Authorities and decision will be taken after the enquiry was over. The petitioner also approached the Vigilance Authorities with a representation and the Director General, Vigilance informed that the Vigilance Department has no role to play in the matter as it pertains to administration and can be dealt with administratively. Thereafter, petitioner made several representations and no reply having been given, the petitioner has filed this writ petition with the above said prayer.

(2.) When the writ petition was taken up for hearing, interim order was passed on 21.05.2001 to the effect that the petitioner shall also be allowed to join and in case respondents find any difficulty in such an eventuality order shall remain in abeyance with respect to respondent No. 4.

(3.) Pursuant to the said direction issued, the petitioner was allowed to join as Field Assistant which post was held by respondent No. 4 who in turn joined against available post of Class IV and the said order was issued on 22.07.2001. Thus, the petitioner is continuing as Field Assistant and 4th respondent is functioning as Orderly.