MADAN LAL Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of Government Order No. 137-Edu (Tech) dtd. 7/7/2014 vide which the case of the petitioner for promotion as Director, Youth Services and Sports Department, J and K, was rejected as pre-mature.

(2.) Learned counsel for the petitioner submitted that the petitioner was appointed as District Youth Services and Sports Officer vide Government Order dtd. 7/7/1987. Vide order dtd. 17/11/1992, he was promoted as Assistant Director on temporary basis and the promotion was regularized vide order dtd. 17/10/2000. The promotion as Assistant Director was given retrospective effect from 1/11/1992 vide order dtd. 24/6/2004. Vide order dtd. 24/11/2003, the petitioner was transferred and posted as Divisional Youth and Service Sports Officer, Jammu. Aforesaid post was upgraded to the level of Deputy Director, vide Government Order dtd. 13/11/2006. Vide order dtd. 28/1/2011, the petitioner, who was working as Incharge Deputy Director (Central) was placed as Incharge Joint Director with effect from 1/1/2011.

(3.) Referring to the Jammu and Kashmir Youth Services and Sports (Gazetted) Service Recruitment Rules 2013 (hereinafter referred to an 'the Rules'), it was submitted that Schedule II attached to the aforesaid Rules provide for eligibility conditions for promotion from the posts of Assistant Director to Deputy Director, Deputy Director to Joint Director and from Joint Director to Director. The post of Director is to be filled up by selection from Joint Director with 03 years experience as such or by way of transfer from KAS/IAS in case of non-availability of eligible/suitable candidate from the former category. Once the petitioner was available and eligible, he should have been considered and promoted as he had been working as Joint Director for more than 03 years.