BASHIR AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER is seeking a writ of mandamus commanding the respondents to forward his case to the DPC for consideration of his promotion to the next higher post and to regularise his services as Tehsil Supply Officer (TSO).

(2.) THE petitioner under Govt. Order No. 962 -GD of 1982 dated 17.4.1982 was transferred retaining his lien and promotional prospects etc. in the parent department, from the Directorate of Evaluation and Statistics to District Youth Welfare Office, Poonch against an available vacancy of Statistics Assistant. By another Govt. Order No. 39 -GD of 1984 dated 4.1.1984 the petitioner came to be transferred temporarily from the District Youth Services and Sports Office, Poonch to the Directorate of Food and Supplies, Jammu against the available vacancy of Senior Asstt/Salesman/Storekeeper, retaining his lien in his parent department. The Director of Economics and Statistics on the application of the petitioner while working as a Senior Assistant in the Food and Supplies Department, under his Order No. 144 -DES/ Camp of 1995 dated 9.4.1995, terminated the lien of the petitioner in the Economics and Statistics Department considering him to have been absorbed in the Food and Supplies Department. Respondent No. 3 issued a tentative seniority list of Senior Assistants in the year 1991 showing the petitioner at S. No. 47 therein. Respondent No. 2 under his Order No. 17 -FSJ of 1997 dated 30.1.1997, without prejudice to the seniority of others, transferred the petitioner and posted him as Incharge ISO Mandi temporarily in his own pay and grade with the clear stipulation that this arrangement will not confer any right or claim for promotion to the post of ISO. The petitioner on the strength of the aforesaid circumstances, seeks reguiarisation of his services as TSO and reference of his case to the DPC seeking consideration for the next higher post.

(3.) RESPONDENTS have filed objections stating therein that the petitioner has not approached the respondents making any demand for justice which is pre -requisite for seeking a relief of the issuance of a writ of mandamus and proper remedy, therefore, available to the petitioners to approach the respondents before filing the present writ petition. It is further stated that the petitioner who is basically an employee of the Economics and Statistics Department wherefrom he had been transferred to the District Youth Welfare Office and subsequently to the Food and Supplies Department retaining his lien in the parent department. The petitioner has not been absorbed in the service of respondent No. 2 and the termination of his lien by the Director, Economics and Statistics is based on no evidence and only on the application of the petitioner. The case of the petitioner alongwith others was considered for absorption of his services in the Food and Supplies Department by the General Administration Department (GAD), in reference to the letters dated 26.10.1989 and 11.1.1990 of respondent No. 2 and it was decided that conveyed under No. GAD -Estt/90 dated 25.2.1991 that the petitioner shall be reverted to his parent department as and when he becomes eligible for promotion in his original cadre. Respondents have annexed a copy of this letter as Annexure RI with their objections. It is also stated that the petitioner has erroneously and inadvertantly been shown in the tentative seniority list issued on 9.1.1991 wherein objections were invited from all the concerned which is evident otherwise also in view of the letter dated 25.2.1991 of the GAD which sufficiently shows that the petitioner is an employee of the Economics and Statistics Department and has to be reverted to his parent department Merely because the petitioners name figures in the seniority list, though erroneously, it cannot be considered as a conclusive proof that the petitioner has become a member of the service of the Food and Supplies Department and entitled to promotion.