AB HAMID MIR Vs. STATE OF J&K

JUDGEMENT

(1.) THE dithering attitude of Director, Rural Development Department to go by the Rules governing the grant of consequential benefits of promotion, ordered in favour of the petitioner is axiomatic from the contents of this petition.

(2.) THE petitioner, a Plantation Supervisor of Block B.K. Pora, was temporarily promoted in his own pay and grade against the post of Village Level Worker vide order No. 128 of 1993 dated 18.9.1993 issued by Director, Rural Development Department, Srinagar. The vacancy of the aforesaid post is shown to have been caused due to promotion of the incumbent of this post to a higher post Thereafter, the case appears to have been placed before the Departmental Promotion Committee of the Department which met on 22.3.1994 and they cleared the petitioner for the aforesaid promotion. Consequent upon the meeting of the Departmental Promotion Committee, the Director Rural Development, Kashmir issued an order No. 76 of 1994 dated 2.4.1994 ordering the grant of the grade of the post viz Rs. 950 -1500 with effect from 1.4.1994 in favour of the petitioner. The wording of the order is of an importance, therefore, its body is quoted hereunder for ready reference: -

(3.) RESPONDENTS have chosen not to file any counter. On 17.2.1999 Mr. Attar made a statement before the court that in view of a limited question being involved, respondents are not desirous of filing the reply and that the petition may be listed for hearing. Consequently the petition was heard on 8.7.1999.