RAJINDER KUMAR Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the respondents to release the grade attached to the post of Superintendent ITI by regularising his services as Superintendent ITI from the date he is working on the clear vacancy with all consequential benefits.

(2.) The case of the petitioner is that he was posted as Superintendent ITI Samba on clear vacancy by order dated 29.01.1993 and till date, he is serving on the said post and charge allowance has also been released in his favour. According to the petitioner, there is a provision to promote him as Superintendent as he is a holder with ITI.

(3.) In terms of SRO 606 of 1980, dated 24.11.1980, for the post of Superintendent, 25% vacancies are to be filled up by Direct Recruitment, 25% by promotion from Junior Engineer from amongst Degree holders and having two years experience and 50% by promotion from Foreman/Surveyors/Supervisory Instructors from persons possessing either (a) Degree in Engineering or their equivalent form any recognised Institute with not less than two years experience in teaching or supervisory or Technical capacity in the trade/subject, (b) 3 years diploma in Engineering or Technology or their equivalent form any recognised Institute with not less than three years experience in teaching or supervisory or Technical capacity in the trade or subject (c) Matric with National Trade Certificate of an ITI and having passed Central Training Course of Government of India with not less than 10 years experience in teaching or Engineering Trades.