BASHIR AHMAD MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition, filed under Article 226 of the Constitution of India read with Section 103 of the State Constitution, the petitioners have craved the indulgence of this Court in granting them the following relief(s):

(2.) The petitioners claim to have been, initially, engaged on daily wage basis in the respondent Department and, subsequently, regularised as Helpers. It is stated that the petitioners, being fully technically trained in the trades of Electrician, Carpentry and Operational& Manual Maintenance of the Boiler Plant, respectively, they have already been granted the benefit of up gradation as semi-skilled workers, as was permissible in terms of Schedule-C of SRO 149 of 1973, whereby the posts of Electrician/Carpenter/Motor Mechanic were placed in the pay scale of 280-520, which was, later on, revised to 600-925, 900-1830, 1200-2040 and 4000-6000 vide SRO 91 of 1982, SRO 370 of 1987, SRO 75 of 1992 and SRO 18 of 1998, respectively. The necessary entries, to this effect, have also been incorporated in the service books of each of the petitioners. Having regard to the above factual matrix, as stated, the petitioners have pleaded that they, from time to time, represented before the respondents for change of their designation from Helper, as fixed in terms of their orders of regularisation, to the posts of Electrician, Carpenter and Motor Mechanic, respectively. It is contended by the petitioners that their case has been recommended by the competent authority, however, their case has remained undecided till date and, as stated, instead of redressing the grievance of the petitioners for change of their designation from Helper to their respective designations as Electrician, Carpenter, Motor Mechanic, the respondents have chosen to digress from the relevant considerations by contemplating to deprive the petitioners of the benefit of SRO 149 of 1973 and reduce their pay without any reason or justification. This action of the respondents, as stated, has compelled the petitioners to approach this Court with the present writ petition.

(3.) The respondents have filed their objections in opposition to the maintainability of the writ petition. It is stated that the petitioners are seeking a direction for changing their designation as Electrician, Carpenter and Motor Mechanic, respectively, in the pay scale of 4000-6000, which cannot be done as the petitioners are eligible for the same. It is contended that the petitioners have passed the Matriculation examination and, consequently, have been regularised as Helpers after completion of 07 years' service as Daily Rated Workers as per SRO 64 of 1994. The petitioners, having ITI Certificates to their credit, have been given the benefit under SRO 149 of 1973 after completion of two years of service. It has been further stated that the petitioners are Helpers/Chowkidars in terms of Schedule-II B of Engineering Subordinate Service Recruitment Rules 1997 and are entitled to promotion for the post of Jamadar only, that too, in accordance with the seniority, besides, there is no post of Electrician, Carpenter and Motor Mechanic in terms of the Engineering Services Recruitment Rules to which the petitioners have laid their claim. The post of Works Supervisor available in the Executive side of the Subordinate Services Recruitment Rules, having the pay scale of 1025, also requires minimum qualification of Matriculation or its equivalent. The respondents have averred that only on account of the fact that the petitioners have passed the Matriculation examination, as such, they have been regularised as Helpers. The fact that the petitioners, as stated, are eligible for any higher post, except as indicated herein above, disentitles them from claiming change of designation and promotion by other means.