MOHD. ASHRAF HAKIM Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner was appointed as Draftsman in the Town Planner Organization Kashmir in March, 1981, thereafter was promoted as Head Draftsman in the same Organization on 11th Dec. 1994. The petitioner's services were transferred to Chief Architects Origination, Kashmir. Petitioner was appointed to the post of Architect Assistant in the pay scale of 875-1240 in the Chief Architects Organization vide order No.22 of 1985 dated 30th April 1985, and successfully completed probation period of two years which is evidence by order No. 63 1987 dated 23rd April 1987. Vide order No. 4 of 1996 dated 11th Jan. 1996 the petitioner was ordered to hold the charge of post of Architect Assistant in his own pay and grade with charge allowance till further orders. The post of Assistant Architect is born on gazette cadre of the service. The technical qualification of the petitioner is two years draftsman course in civil engineering. The services of petitioner were governed by the Rules called J&K Town Planners and Architects (gazette) Service Recruitment Rules, 1978 (for short Rules of 1978) notified vide SRO 207 dated 11th April 1978. In terms of Rules of 1978 the post of Assistant Architect was to be filled up by promotion from amongst the Architect Assistants possessing technical qualification of draftsman course with five years experience as Architect.

(2.) The case of the petitioner is that the post of Assistant Architect became available in Jan. 1996 when the petitioner was ordered to hold the charge of the said post. The further case of the petitioner is that seniority list was circulated vide order No. 69 of 1993 dated 24th August 1993. The petitioner figures at Sr. No. 9 of the said seniority list. It is the case of the petitioner that he is senior most Architect Assistant available in the Valley for being considered for promoted/appointed to the post of Assistant Architect. The further case of the petitioner is that respondent No.3 proposed to make amendments in the Rules of 1978 and after inter department correspondence it was proposed to change the qualifications in respect of post of Assistant Architect. In terms of proposed Rules the post of Assistant Architect was to be filled up from amongst Architect Assistant and technical Assistants from the non-gazetted Subordinate Cadre of the Architecture Service having registration with Council of Architecture as an Architect.

(3.) The grievance of the petitioner is that by this proposed amendment the petitioner would be deprived of his right of being considered for being promoted/ appointed as Assistant Architect. The petitioner's claim is that post having become available under the Rules of 1978 and petitioner having been ordered to hold the said post, the post thus cannot be filled up under the proposed revised recruitment rules.