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2012 DIGILAW 489 (JK)

Abdul Qayoom Shah v. State of J&K & Ors.

2012-08-07

J.P.SINGH

body2012
Urge for elevation in Service Status has landed Abdul Qayom Shah, the petitioner, in this Court of Extra Ordinary Civil Writ Jurisdiction. He claims promotion against the post of Pasture Development Officer created pursuant to amalgamation of two wings of Agrostology of the Soil Conservation Department and the Forest Department along with the respective staff, into a Unified Wing, placed under the over all control of the Principal Chief Conservator of Forests, Forest Department vide Government Order No. 358-FST of 1997 dated 29.7.1997. 2. He says that feeding cadre to the Post being Range Technician with seven years field experience in Agrostology, the State-respondents’ order directing his adjustment against the post of Range Technician in the Pay Scale of Rs. 1760-3200 created in the Unified Agrostology Wing of the Forest Department, entitles him to promotion against the post, which is stated eclipsed with the conferment of additional responsibility on Sanjay Kothidar-respondent No.5, a Silt Analyst in the Batote Forest Division, as stop gap arrangement, until the Post was filled up under rules. 3. The petitioner’s Claim is contested by the respondents on twin grounds viz. (i) Being still an employee of the Soil Conservation Department despite amalgamation of the Agrostology Wing of the Soil Conservation Department with the Forest Department, the petitioner possesses No Right to seek consideration for promotion, and ii) Holding substantively the Post of Assistant Survey Officer and not that of a Range Technician, the petitioner was disentitled to promotion, for, once working against a Post does not clothe him with promotion thereagainst as such. 4. Submissions made at the Bar have been considered. Soil Conservation Order No.197-SC-1997 dated 29.11.1997 on the strength whereof the petitioner claims consideration does not appoint him as such against the post of Range Technician created in the Unified Agrostology Wing of the Forest Department because all that the order, pressed into service by the petitioner, conveys, is permitting him to work against the post of Range Technician and nothing beyond that. Appointment to a Post is altogether a different concept than adjustment thereagainst. Adjustment against a post would not entitle an employee to the status and salary of the post adjusted against. 5. Thus, having not been appointed as Range Technician by the Appointing Authority, the petitioner derives no right to seek consideration for promotion against the Post of Pasture Development Officer. Adjustment against a post would not entitle an employee to the status and salary of the post adjusted against. 5. Thus, having not been appointed as Range Technician by the Appointing Authority, the petitioner derives no right to seek consideration for promotion against the Post of Pasture Development Officer. The Claim being misconceived, his challenge to Forest Order No. 209 of 2011 dated 16.07.2011 whereby Sanjay Kothidar was given additional responsibility, and that too as a stop gap arrangement until the post was filled up under Rules, therefore, fails. 6. This Writ Petition is accordingly found without merit, hence dismissed.