MUSHTAQ AHMED WANI Vs. STATE AND OTHERS

JUDGEMENT

(1.) This case has been admitted on 29.9.98. Official respondents 1 to 3 despite opportunity have not filed reply. Reply on behalf of respondent No. 4 and 5 is on record. On request of counsel for parties, the matter was taken up for final disposal. Heard.

(2.) Petitioners appointed orderlies in the Engineering Department R&B, claim separate seniority as Class IV Orderlies and promotion to posts of Jr. Assistant based on such seniority, in so far as they aver the eligibility for their appointment as Jr. Assistant qualification-wise and type-wise. Respondents 4 and 5 are alleged to be Chowkidars who cannot claim seniority with Class IV Orderlies so far as Chowkidars are a separate cadre and cannot claim promotion to the post(s) of Jr. Assistants. The respondent No. 4 and 5 have been shown senior to petitioners in violation of Rules and shown as such in seniority list of qualified Class IV employees of the Department annexure P1. They have been given promotion under order No. 250 of 1994 dated 12.1.94.

(3.) Mr. Attar submits that after the J&K Engineering Subordinate Service Recruitment Rules of 1997 (SRO 180 dated 25.5.97) were enforced, the feeder for the appointment to the posts of Jr. Assistant is rota quota based on 75% by direct recruitment and 25% by promotion from Class V and VI having typewriting speed at least 30 words per minute with further eligibility of matriculation or equivalent or above, from any recognised institute/university. The schedule II "B" (Ministerial) to the said J&K Engineering Subordinate Service Recruitment Rules, 1997 provide Class V and VI (specified as Jamadar, Orderly, Chowkidar, Helper Office posts) as feeder for appointment and promotion to the posts of Jr. Assistant. Obviously, after the enforcement of the above rules, both orderlies as well as Chowkidars are entitled, subject to eligibility, for consideration for appointment by promotion against the post(s) of Jr. Assistants.