NIYAZ AHMAD LONE Vs. STATE

JUDGEMENT

(1.) The case of the petitioner, as projected in the writ petition, is that he was appointed as a Conductor in the respondent - Committee. However, in terms of the directions of the respondent No.4 - Executive Officer, Municipal Committee, Budgam, he (the petitioner) discharged his duties as a driver. After working as a driver for about 02. years, his case was recommended to the respondent No. 2 - Director, Urban Local Bodies, Kashmir, for confirmation against the post of driver and the respondent No.2 vide his No. DULB/K/PS/37/2006 dated 11-05-2006, accorded sanction to such confirmation.

(2.) The petitioner has further stated that despite discharging the duties as a driver, the respondents have not, till date, released the pay and grade attached to the post of driver in his favour. It is further stated that although the case of the petitioner, for the release of pay and grade, was forwarded to the competent authority for approval yet no action has been taken on it so far and in the meanwhile, the petitioner has also qualified for promotion to the post of Grade - (I) Driver, in terms of Rule 15 of the Jammu & Kashmir Civil Service (Revised Pay) Rules, 1998, which provides that the incumbent must be on the rolls of the State and must be holding the post on substantive basis and must have worked as Driver - Grade (II) for a period of 05 years. The petitioner has stated that he is having all the pre-requisites for being promoted to the post of Driver - Grade (I) and is entitled to get the salary accordingly.

(3.) In the objections, filed by the respondents, it is stated that the petitioner is working in the respondent - Department as driver in the grade of Rs. 3050-4910 and seeks promotion to the post of a chauffeur, which carries a pay scale of Rs. 5500-9000. The respondents have further stated that in terms of the Rules in vogue, the petitioner is not entitled to such grade, because the petitioner does not fulfill the criteria laid down and envisaged under the rules and, therefore, his case, for the release the of grade of chauffeur, cannot be considered and he cannot be allowed to march over such a post to the exclusion of his seniors and other similarly placed employees working in the respondent - Department. Respondents have further stated that on the basis of a mere recommendation and that too by an officer, not competent to do so, the case of the petitioner for being placed in the grade, attached to the post of chauffeur, cannot be considered. In the end, the respondents have prayed for the dismissal of the writ petition with costs.