Srinagar, Feb 22: In O.A./96/2025 (SRINAGAR) WithM.A./98/2025Joint Application titled NIZAMUDDIN KHANVsGENERAL ADMINISTRATIVE DEPARTMENT after hearing CAT ordered as under:-
01/ Through the medium of this petition, the petitioners have sought quashment of orders bearing NOs. KRC/Estt/616-19/2025 dated 13-02-2025 and NO. 40-KRC of 2025 dated 27-01-2025, in terms whereof various employees of the respondent department have been called to appear in the type test as also the private respondents have been accorded placement as senior assistants and head assistants.
02/ Along side the main reliefs sought by the petitioners, they havealso sought an interim relief seeking for an order of stay as regards theorder dated 13-02-2025 aforesaid.
03/ The facts as they emerge out of the pleadings made in the petitionare that the petitioners are working on different class IV positions, nowMTS. It is averred that as regards the service conditions of the petitioners,same are governed by the J&K Trade Commission-cum-Agencies(Subordinate) Service Recruitment Rules of 1971 (for short Rules of1971) and any promotion or otherwise to be made as regards thepetitioners or the similarly situated others, same is to be made inaccordance with the Rules of 1971.
04/ Learned counsel for the petitioners submitted that the respondenthave issued the impugned notification, by virtue of which, therespondents are in the process of conducting the type test in respect ofmatriculate MTSs/Jamadars/Sanitary workers of the office of theResident Commission in order to fill up the vacancies of Junior Assistantsavailable under 25% quota as per the J&K Secretariat (Subordinate)Service Recruitment Rules, however, learned counsel for the petitionerssubmits that the service conditions of the petitioners and others are notgoverned by this Rule. He further submits that, as of now, the Rules of1971 hold the field, as such, any promotions to be made have to be madestrictly in accordance with the Rules of 1971.
05/ In order to buttress his arguments, learned counsel for thepetitioners referred to a Circular No. 30-HP(JK) 2023 dated 07-06-2023,whereunder revision of the Rules of 1971 is sought to be made and in thisregard, objections have also been called for. He further submits that, as ofnow, the Rules of 1971 have not been revised as yet irrespective ofcommunication dated 07-06-2023 supra.
He submits that any promotionhas to be made only in accordance with the Rules of 1971, and undersection 6 thereof and Schedule appended thereto, the qualification andmethod of recruitment is already devised, in terms whereof no personshall be eligible for appointment /promotion for any class or grade in theservice unless he/she is in possession of qualification as laid downtherein.
He further submits that, in view of the above, the respondentscould have not issued the order impugned as any promotions were to bemade strictly in accordance with the Rules of 1971.
As such, he submitsthat the order impugned is arbitrary and absolutely in violation of rules.He submits that the impugned notification has only been issued to showerbenefits upon the blue eyed persons and to deprive the petitioners of theirlegitimate rights, Learned counsel further submits that right to promotionmay not be a fundamental right but right of consideration for promotionhas assumed the status of a right as promotion would always generateefficiency and stagnation is sure to breed frustration.
To this effect, he hasrelied upon the latest judgement of the apex court delivered in case titledAjay Kumar Shukla and others versus Arvind Roy and others, reportedin 2021 SCC Online SC 1195.
06/ Heard learned counsel for the parties.
07/ Issue notice.08/ Mr. Waseem Gul - GA accepted notice. He sought and is grantedsix weeks time to file his detailed response.09/ List for consideration on 20-03-2025.
In the meanwhile, subject toobjections of the other side and till next date of hearing before the bench,respondents are restrained to proceed ahead with the impugnednotification bearing No. KRC/STT/616-19/2025 dated 13-02-2025.
However, they are free to proceed in the matter in accordance with the Rules of 1971, if the same are in vogue as on date.10/ M.A 98/2025 is disposed of accordingly.
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