STATE OF J&K AND OTHERS Vs. SHAM LAL

JUDGEMENT

(1.) The State has filed the present intra-court appeal against the order passed by the learned Single Judge, whereby the writ petition filed by the respondent claiming promotion to the post of Computer (Junior Health Instructor), was accepted.

(2.) Learned counsel for the State, while impugning the order passed by the learned Single Judge, argued that the order runs contrary to the J&K Health and Medical (Subordinate) Service Recruitment Rules, 1992 (for short, 'the 1992 Rules'). The respondent was working as a Field Worker and could claim promotion only as a Basic Health Worker, which was rightly accorded to him. But still aggrieved, he filed the writ petition claiming that he deserved to be promoted as Computer (Junior Health Instructor) and not Basic Health Worker. If the provisions of the 1992 Rules and the qualifications prescribed therein are considered, the next promotion could be as Basic Health Worker from the post of Field Worker. Specific quotas have been provided and in terms thereof, the respondent was promoted. The order passed by the learned Single Judge directing promotion is exceeding its jurisdiction, as all what could be directed was consideration of his case and not promotion as such.

(3.) On the other hand, learned counsel for the respondent submitted that if the 1992 Rules are considered, the post of Computer (Junior Health Instructor) is to be filled up 50% by way of direct recruitment, whereas 50% by way of promotion from Junior Assistant/Field Worker. Undisputedly, the respondent was working as Field Worker. He had a right to be considered and promoted as Computer (Junior Health Instructor). The petitioner had to approach this Court by filing the present petition seeking enforcement of his rightful claim as vide order dated 28.7.2001, he was promoted as Basic Health Worker instead of Computer (Junior Health Instructor). The relief was rightly granted to the petitioner as he is entitled to that in terms of the 1992 Rules. He further referred to the order, vide which the petitioner was promoted as Basic Health Worker, where different officers working on different posts were promoted in a different channel. He referred to the names of Mohd. Yousuf, who was promoted as Junior Health Instructor (Family Welfare) and also Bal Kishan, who was similarly promoted.