HC Says, Govt ‘Compelling’ Employees To Move Court, Increasing Litigations


Says Consideration Of Employee For Promotion Cannot Be Withheld Or Denied  

SRINAGAR — The government employees are “unnecessarily” compelled to approach the Court for consideration of their grievances like promotion, seniority, registering the increase in the range of litigation in this behalf, the Jammu and Kashmir High Court said on Saturday. 

Disposing of a petition filed by few employee working in forest department as Class-IV employees like Orderlies, Chowkidars and Farashs since 1999, a bench of Justice Ali Mohammad Magrey also observed that consideration of an employee for promotion against the next higher post cannot be withheld or denied by the government.

“The respondents (government) are directed to consider the case of the petitioners for promotion against the post of Forest Guards along with other eligible employees in tune with the mandate of the relevant recruitment rules as detailed out in the body of the order,” the court said and ordered the consideration shall be affected and decision taken within a period of two months. “

The court directed its registry to send down a copy of this order to the Chief Secretary of the Government of J&K as also to the Advocate General of the State for issuing appropriate instructions and directions to all concerned. 

 “The consideration for promotion against the next higher post cannot be withheld/denied by the respondents. Petitioners claim promotion as a matter of right and their right of consideration is the fundamental right which has been guaranteed under constitution of India, denial whereof, amounts to violation of such right,” the court observed.

In terms of applicable laws, the court said that the Government of J&K has already put in motion a scheme for regulating the service of its employees for the purpose of regulating their pending seniority, promotion, etc. “This scheme lays down constitution ofDepartmental Promotion Committees from time to time,whose role is very well defined and they are not just constituted for counting purpose. Respondents were, otherwise, required to perform their constitutional duties with reference to the mandate as constituted in terms of service conditions.”

The court observed that the employees are unnecessarily compelled to approach the Court of law for consideration of their grievances, like promotion, seniority, etc, registering the increase in the range of litigation in this behalf. 

Besides, the single beach said the Court cannot lose sight of the casual approach adopted by the Government authorities in redressing the grievances of its employees working under their control.  

The directions by the court followed submissions by advocate Syed Faisal Qadiri, counsel appearing for petitioners, who submitted that in terms of the “J&K Forest Sub-ordinate Service Recruitment Rules” ,the petitioners are entitled for consideration of promotion against the next higher post of Forest Guards.

 In terms of the Rules, he said, the post of Forest Guard is to be filled up through 50% by direct recruitment and 50% by promotion the ratio of 20% from Class-XII category , 20% from Class-XII of Schedule III with five years’ minimum service in that category i.e. Orderlies, Farash and Chowkidars and 10% from graduates from Class XII(A) of Schedule and class XII of Schedule III five years’ service category. 





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