BABU RAM Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner through the medium of instant petition is seeking following reliefs:-

(2.) Learned counsel for the petitioner contends that pursuant to the selection process conducted by J&K Public Service Commission i.e. Combined Competitive Examination, the petitioner was selected and consequently allotted J&K Revenue Gazetted Service, which is one of the feeding services for promotion to the time scale under Rule 5 of J&K Administrative Service Rules, 1979. The petitioner came to be appointed on 16.10.2001. It is also contended that under the Administrative Service Rules of 1979, the eligibility for promotion to the time scale from the feeding services was five years' service in the respective feeding services which the petitioner acquired on 16.10.2006. Though the petitioner acquired eligibility on 16.10.2006, however, there was no vacancy/slot in the year 2006 for Revenue Gazetted Service, and since the petitioner belongs to S.C. Category and one slot under S.C. Category, i.e., roster point No. 30 was lying vacant in the Revenue Gazetted feeding service in the year 2007, yet, his was not considered for promotion into the time scale of KAS in the year 2008 and instead officers from various feeding services for which services there were no slots available, the establishment/selection committee decided to utilize leave and training reserved posts for their induction as one time exception.

(3.) It is contended that vide communication bearing No. GAD (Ser) Genl/11/2008 dated 16.09.2008, the General Administration Department requested respondent No.3, i.e., Commissioner/ Secretary Revenue Department to furnish the proposal of officers of the Revenue Gazetted Service, who were appointed even after 31.12.1999 and while doing so it was specifically conveyed that one vacancy /slot under S.C. category for Revenue Gazetted Service was available, yet, the case of the petitioner was not considered and again the proposal was sought for making induction against that roster point vide communication dated 16.09.2008 and again the case of the petitioner was not considered, however, vide Govt. Order No. 1490-GAD OF 2008 dated 19.11.2008, the petitioner came to be promoted in the time scale against the roster point No. 30 in his own pay and grade. It is also contended that as per Sub-Rule (4) of Rule 15 it is clearly provided that where select list is not prepared for members of any departmental feeding service in any particular calendar year despite availability of vacancies and member from such service when finally included in the select list at any later date, he shall be appointed to the service from the date on which, the vacancy was allocated to such feeding service and since the vacancy was available in the year 2007/2008 against roster point No. 30 for S.C. category for revenue Gazetted service, therefore, the petitioner was entitled to be inducted/promoted into the time scale in the year 2008 when others were inducted. It is also contended that vide Govt. Order No. 1797-GAD of 2009 dated 29.12.2009, sanction was accorded to the grant of charge allowance in favour of the petitioner along with others, who stood placed/promoted into the time scale in their own pay and grade. Again the meeting of the establishment/ selection committee was held on 16.02.2010 and in the aforesaid meeting a wrong decision was taken to promote/induct members of those feeding services into the time scale who stood appointed by promotion or by direct recruitment in their respective feeding services from 01.01.2000 to 31.12.2002 against available slot subject to the condition that they shall be placed in the KAS Seniority after those appointed in the feeding service upto 31.12.1999, notwithstanding the availability of the slots for them prior to that date.