FIDA IQBAL Vs. STATE OF J&K

JUDGEMENT

(1.) WRIT petitioners/Agriculture graduates came to be appointed by the said department against the post of Village Extension Workers in the pay scale of Rs. 825 -1240 vide order No. 57 -Agri of 1985 dated 29 -1 -1985 and are holding the post as on today. The said post came to be redesignated as Junior Agriculture Assistants and is carrying now the pay scale of Rs. 6500 -10500. In terms of the J&K Agriculture (Subordinate) Service Recruitment Rules, 2004, the said post falls under Class II Category -B.

(2.) IT is further submitted that the respondent -department has failed to constitute Departmental Promotion Committee for assessing their merit, ability and suitability, thereby have denied promotion chances to the petitioners. It also stated in para 8 of the petition that the promotion prospects are regulated by the rules known as Jammu and Kashmir Agriculture (Gazetted) Service Recruitment Rules, 1988 and they are eligible for promotion to the post borne on class VII category A and the said post is/was to be filled 50% by direct recruitment and 50% by promotion from Village Extension Workers, subsequently redesignated as Junior Agriculture Assistants, having B.Sc. Agriculture Decree with four years experience in that class. Petitioners have accordingly prayed for quashing of advertisement notice No. 16 -PSC of 2005 dated 13 -10 -2005, so far it relates to filling up the posts of Agriculture Extension Officers without determining the availability of quota with the further command to respondents to convene Departmental Promotion Committee meeting for considering the case of petitioners for promotion with the further restraint not to regularize promotions made in I/C capacity, to fix seniority of the petitioners in the category of Agriculture Extension Officers, while maintaining rota -quota system.

(3.) THE petition came up for consideration before the court on 24 -11 -2005, when official respondents were directed not to make selection/appointment in terms of the impugned advertisement notice dated 13 -10 -2005, and virtually advertisement notice came to be stayed. Respondents filed reply and in the meantime Mr. Azhar moved an application with the averments that the dispute in the writ petition relates to promotion quota i.e. in -service quota and not direct recruitment quota and the impugned advertisement notice relates to direct recruitment quota and has accordingly prayed that respondent -PSC be allowed to finalize the selection process and make appointments. This court vide order dated 3 -3 -2008 modified the interim order dated 24 -11 -2005 and the respondents were directed to proceed with the selection process of direct recruitment posts only with the further rider not to make appointments. In the meanwhile, it appears that the selection process reached to its logical end and only appointment orders are to be issued.