AB MAJID KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE Petitioner is stated to have been a regular Boiler Mechanic appointed in the grade of Rs. 900 -1830 in Kashmir Leather Tanneries, Shalteng, Srinagar which was run under the administrative control of Jammu and Kashmir Industries. The state government wound up the same and ordered the adjustment of its employees in various Government Departments. Accordingly, Government order No. 201 -GR of 1990 dated 9.7.1990 was issued by Secretary to Government, Industries and Commerce Department vide the aforesaid order, government accorded sanction to the appointment of the employees of Kashmir Leather Tannaries in various government departments against the posts shown in Annexure to the foresaid government order. The name of the petitioner in this list figures at Serial No. 2. Against his name the following entry has been made in Annexure "A" to government order dated 9.7.1990. "To be appointed by the Power Development Department against some suitable vacancy".

(2.) VIDE Government Order No. 108 -GR PDD of 1990 dated 27.7.1990 issued under the signatures of Deputy Secretary to Government. Power Development Department, sanction was accorded to the appointment on regular temporary basis of the petitioner, Boiler Mechanic, in the pay scale of Rs. 900 -1830 in the Power Development Department against any available vacancy of Boiler Mechanic in the valley. This appointment of the petitioner was ordered subject to the condition that his appointment would be fresh and there would be no liability on the Government in respect of his past service rendered with Jammu and Kashmir Industries. Further, the appointment was made in relaxation of the mode and method of recruitment to the post, the qualification as well as the age. He was directed to report to Development Commissioner (Power) for further orders of posting. Petitioner joined in the Power Development Department on the same date i.e. 27.7.1990. The respondents concerned, however, did not post him anywhere in the Department. Vide communication dated 10.9.1990, the Administrative Officer of the Department, wrote to Commissioner/ Secretary to Government Power Development Department that there was no post of Boiler Mechanic available in the Department, but it was available in the Power Development Corporation. The Commissioner/ Secretary, Power Development was therefore requested to post the petitioner in that Corporation. Consequently, the Commissioner/ Secretary, Power Development Department addressed a communication to the Managing Director of Power Development Corporation in this behalf. The Managing Director vide his reply dated 15.7.1991 in turn informed the Commissioner and Secretary, Power Development Department that a proposal for creation of the post of Boiler Operator for Gas Turbine Project -ll, Pampore had been mooted of which orders were still awaited. He, however offered the post to the petitioner in the scale of 800 -1500 vacant in Gas Turbine Division -l, Pampore against which the petitioner could be appointed till the creation of the post of Boiler Operation in Gas Turbine Division -ll. In pursuance of the above, a communication dated 2.8.1991 was addressed to the petitioner by Under Secretary to Government, Power Development Department seeking his consent for appointment against the vacant post in the pay scale of Rs. 800 -1500. In reply, the petitioner agreed to work on a lower post, but in the grade of 900 -1830 as per his orders of appointment dated 27.7.1990 till the post of Boiler Mechanic was created. Finally, the Government passed Order No. 270 -PDD of 1991 dated 30.9.1991 under the signatures of Under Secretary to Government, Power Development Department.

(3.) IT is stated that since then the petitioner is being paid the salary in the grade of 800 -1500 (old). The petitioner is aggrieved of this order on the ground that his appointment had already been made in the pay scale of 900 -1830 vide Government Order dated 27.7.1990 on which date he joined in Power Development Department, but his posting orders were not issued. Therefore, he has prayed for quash -ment of Government Order No 270 -PDD of 1991 dated 30.9.1991 with a direction to the respondents to pay to the petitioner his salary from 27.7.1990 in the grade of 900 -1830 subject to pay revisions from time to time and arrears thereof.