ALI MOHD MALLA Vs. STATE

JUDGEMENT

(1.) PETITIONER has sought issuance of mandamus so as to command the respondents to deem and declare the petitioner to have been appointed to the post of 'Co -operative Extension Officer (hereinafter referred to for short "CEO"), on substantive basis w.e.f. 19.10.2002 or in alternative from 15.5.2006 from which date pay scale attached to the post has been released in his favour. Further more in alternative respondents may be directed to treat petitioner the way one Sharif -ud -din has been treated, prohibit the respondents from removing the petitioner from the post 'Co -operative Extension Officer (CEO).

(2.) PETITIONER admittedly was posted as Senior Assistant in the respondent -department. His devotion to work and responsible approach in discharging his duty has been appreciated and in recognition of his exemplary performance concerned Minister has issued letter of appreciation, based on which petitioner has made representation for promotion.

(3.) DIRECTOR Rural Development/respondent No.2 vide his No. DRDK/Estt/PF -26/SA/8831 dated 3.8.2002 addressed to Principal Secretary to Rural Development Department J&K Srinagar, has projected the performance of the petitioner and commitment to job coupled with punctuality to the satisfaction of his superiors and has also highlighted the performance of work by the petitioner even under extremely difficult conditions i.e. during strict bandhs or adverse conditions. It is also mentioned that Honble Minister for Agriculture and for Rural Development and Co -operative department has appreciated the work. The case of the petitioner on the basis of position of seniority has been examined. He shall have to wait for some time till his seniors are cleared but at the end Director has mentioned that one post of "C.E.O" available in the office is not encadred under SRO 133/90 nor have the rules been framed for filling up the post, therefore Government may consider adjustment of the petitioner against the said post.