ASSAUDULLAH BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS Nos. 1 and 4 are serving as Statistical Assistants and petitioners Nos. 2 and 3 as Jr. Statistical Assistants in the Department of Respondent No.3 Director, Statistical and Economics J&K Government, Jammu/Srinagar. They have presented this petition seeking directions to the respondents to centralise the cadres of Statistical Assistants and Jr. Statistical Assistants into one cadre and to make promotions of the Jr. Statistical Assistants to the posts of Statistical Assistants and to promote the Statistical Assistants to the post of Statistical Officers against the posts created by the Government under Order No. 129 -PD of 1996, dt.04 -12 -1996 with a further relief to quash the seniority lists maintained by the respondents at the level of Division and State cadre.

(2.) THE petitioner have averred in the petition that the seniority list framed by the respondents is not known to the Rules, known as the Jammu and Kashmir Economics and Statistical (Subordinate) Services Recruitment Rules, 1989 (for short, Rules 1989) which govern and deals with the seniority, promotion and other service conditions of the petitioners. The respondents have created 119 posts under Government order No. 129 -PD of 1996 dt.04 -12 -1996 and the posts are being filled up from amongst the persons borne within the Divisional cadres and denial of promotion to the posts of Statistical Officers in the grade of Rs.2000 -3200 to the persons borne on the state cadre, is infringement of their fundamental right guaranteed under Art. 14 and 16 of the Constitution of India and violative of the service conditions contained in the Rules, 1989.

(3.) THE respondents have filed the counter affidavit stating therein that the seniority list for Jr. Statistical Assistants and Statistical Assistants have been framed separately at the Divisional level viz. Jammu Division and Kashmir Division, that is two separate seniority lists, and also state level in respect of these categories. The stand taken by the respondent is that since the posts are created at the block level and by virtue of their grade, the posts fall under the Divisional cadre. Therefore, the Divisional cadre employees have right of promotion to these posts whereas the State cadre employee have no right of consideration for promotion against these posts. The seniority lists have been framed in terms of Rules contained in SRO No. 588 dated 21st October, 1969, known as the Jammu and Kashmir Civil Services (Decentralisation of and Recruitment to non -gazetted cadres) Rules, 1969, (for short Rules, 1969).