HILAL AHMAD KHAJA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner is working as a Process Server in the Department of Commercial Taxes at Srinagar. By a Circular dated 27.10.2014, issued by the Additional Commissioner, Commercial Taxes (Administration), Kashmir Division, Srinagar, the matriculate Process Servers of the Department were informed that a type test on computer key board shall be conducted on 28.10.2014 at 12.00 am in his office. Accordingly, all the matriculate Process Servers of the Department were directed to appear in the said test on the scheduled date and time. After conducting the type test, a merit list was drawn which is attached to the petition as annexure 'C' in which the petitioner figured at S. No. 2 and his speed was recorded as 36.1 words per minute, whereas, the respondent No. 5 figured at S. No. 23 and his speed per minute was set down at 24.08 words. By office order No. 128/Adm of 2015 dated 15.06.2015, the Commissioner Commercial Taxes, Jammu and Kashmir, Srinagar, promoted nine Process Servers to the post of Junior Assistants in the pay band of Rs. 52000-20200 + G. Pay of Rs. 1900/- from the date shown against each of them. The respondent No. 5 figured at S. No. 2, in the order aforesaid and his promotion to the post of Junior Assistant was indicated to be prospective in nature.

(2.) The petitioner did not find favour with this order. He challenged the same on the grounds that although both of them, i.e., the petitioner and the respondent No. 5 were eligible for the post in terms of the recruitment rules notified vide SRO 58 of 1991, yet under Rule 6 of the said SRO, it is provided that no person shall be eligible for appointment or promotion to any post in any class, category or grade in the service unless he possesses the qualification as laid down in Schedule II attached to the rules and also fulfils the other requirements of recruitment as provided in the Rules for the time being in force. In Schedule II attached to the Rules, the qualification prescribed for promotion to the post of Junior Assistant has been prescribed as matriculate or equivalent degree of any recognised board with knowledge of typewriting having not less than 25 words per minute, and, therefore, the promotion had to be made strictly in consonance with the said rule. The petitioner has further stated that he and the private respondent No. 5, appeared in the type test in which the typewriting speed per minute of the petitioner was set down at 36.1 words, whereas, in case of respondent No. 5, it was maintained at 24.8 words per minute. The petitioner has proceeded to state that since respondent No. 5, did not make up the grade, therefore, he could not have been promoted to the post of Junior Assistant. He has been discriminated against and he deserves to be promoted to the post from the date the benefit of the promotion has been given to the private respondent with all consequential benefits as he has been deprived of a valuable right that accrued in his favour and a patent illegality has been committed by the respondents.

(3.) Per contra, the respondents have stated in their reply that it is correct to state that in the type test the speed of words recorded per minute in the case of the respondent No. 5, was put at 24.8 words but the committee rounded it up to 25 words per minute, and accordingly, considered him for promotion to the post of Junior Assistant, purely on the basis of his seniority in the basic seniority list and his merit position.