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2005 DIGILAW 195 (JK)

Gh. Mohi-ud-Din Zargar v. State Of J. &K.

2005-07-25

MANSOOR AHMAD MIR

body2005
1. The case of the petitioner is as under; - The petitioner were basically working on adhoc basis along with other employees and were regularized as Class-IV employees and are figuring at Sr. Nos. 23 and 26 respectively in the order contained in annexure-A. The petitioners are matriculates and are entitled to promotion to the post of Basic Health Worker, as per the Rules applicable. 2. The respondents have not promoted the petitioners to the next higher cadre i.e. Basic Health Worker despite of the fact that posts are lying vacant. That some juniors have been given the said benefit, but the petitioners have been discriminated. 3. Respondents have filed reply and have pleaded that petitioners are not entitled to the promotion to the post of Basic Health Worker because of the fact that petitioners are holding the posts of Nursing Orderlies in the Grade of Rs. 2550-3200 and belong to Class-III in the General Unit Category. While as the post of Basic Health Worker forms Class V category (a) and the mode of recruitment to the said post is provided in the Jammu and Kashmir Health & Medical (Sub-Ordinate) Service Recruitment Rules 1992. The post of Basic Health Worker is to be filled by promotion from Class VI Category (a) having five years experience in that category. 4. Heard. Admit. With the consensus of learned counsel for the parties, the case is taken up for final adjudication. 5. It is profitable to reproduce relevant provisions of annexure-A of Jammu and Kashmir Health & Medical (Sub-Ordinate Service Recruitment Rules 1992 as under; Class Category Designation Grade Qualification Mode of recruitment V A Basic Health Worker 900-1830 Matric 100% by Promotion from class VI category (a) having five years experience in that category. VI A Basic Health Worker (All Discipline) 800-1500 Matric 100% by promotion from class VII Categories (a) and (b) subject to having passed Matriculate examination. VIII A Field Worker 630-940 Middle 100% by direct recruitment. B Arabic Teacher 630-940 Middle trained in line 100% by direct recruitment 6. It is profitable to reproduce the pay scales provided by the Revised Pay Rules of 1992 and 1998 as under; - S. No. Pay Scale 1987 Revised Pay Scale-1992 Revised Pay Scale 1996 1. 630-940 750-12-870-EB-14-940 2550-55-2660-60-3200 2. 800-1500 950-20-1150-EB-25-1500 3050-75-3950-80-4910 (improvised) 3. 900-1830 1200-30-1560-EB-40-2040 4000-100-6000 7. B Arabic Teacher 630-940 Middle trained in line 100% by direct recruitment 6. It is profitable to reproduce the pay scales provided by the Revised Pay Rules of 1992 and 1998 as under; - S. No. Pay Scale 1987 Revised Pay Scale-1992 Revised Pay Scale 1996 1. 630-940 750-12-870-EB-14-940 2550-55-2660-60-3200 2. 800-1500 950-20-1150-EB-25-1500 3050-75-3950-80-4910 (improvised) 3. 900-1830 1200-30-1560-EB-40-2040 4000-100-6000 7. Thus employees, who are holding the posts as Basic Health Workers (All discipline) in the revised grade of Rs. 3050-4910 (Rs.800-1500), can be promoted as Basic Health Workers in the revised grade of Rs. 4000-6000 (Rs.900-1830), as referred hereinabove. The petitioners herein are not falling in the said class and categories. Thus are working in the grade of Rs.2550-3200 (Rs.630-940), thus cannot claim promotion to the post of Basic Health Worker. The Class VIII is not a feeding cadre for promotion to the post of Basic Health Worker. 8. In view of the above said facts, the petitioner cannot claim promotion to the post of Basic Health Worker in the grade of Rs. 4000-6000. Accordingly the writ petition is dismissed along with all connected CMP(s). Interim direction, if any, shall stand vacated.