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2016 DIGILAW 472 (JK)

Mohd. Sharief v. State & Ors.

2016-09-23

RAMALINGAM SUDHAKAR

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JUDGMENT 1. The writ petition is of the year 2006. 2. The prayer in the writ petition is as follows: (i) Mandamus, commanding the respondents to strictly adhere to provisions of SRO-126 and also promote the petitioner to the post of Junior Assistant against roster point fixed for Scheduled Tribe category; and (ii) Mandamus, commanding the respondents to give effect to the promotion of the petitioner from the date different orders of promotion were passed by ignoring the provisions of SRO-126. 3. The petitioner states that he is a Matriculate and was appointed as Orderly in the year 1984. His name figures at Serial No. 73 of the seniority list of Orderlies and he belongs to Scheduled Tribe category. 4. According to the petitioner, right from 1995, the respondents have been promoting orderlies/helpers to the post of Junior Assistants from various other categories but they have ignored the claim of Scheduled Tribe category which is contrary to SRO 126. The petitioner claims that he being a senior most Orderly in Scheduled Tribe category is eligible to be promoted as Junior Assistant as per roster point. The respondents despite repeated representations of petitioner have not considered the claim of the petitioner to be promoted to the post of Junior Assistant in terms of SRO 126. 5. In this view of the matter, writ petition has been filed for a mandamus as above. 6. Heard Mr. Faraz Iqbal, learned Deputy Advocate General who states that the Department concerned will consider the representation of petitioner dated 05.03.1992 which reads as follows: “To The Chief Engineer, PWD (R&B) Department, Jammu. Proper Channel Subject: application for promotion. Sir, With humble submission I beg to say that I am working as orderly in the pay scale of Rs. 630-940 for the last 6 years and at present I am working as receipt clerk in additional to my duty. As per the sanction strength of the circle there are two No. posts of Jr. Assistant laying vacant as I came to know from some reliable source. I also belong to Gujjar category for which 8% quota has been fixed for promotion cases etc. by the Government. It is therefore requested that I may please be promoted from orderly to Jr. Assistant in the pay scale of 800-1500. I shall be highly thankful to you for this act of kindness. Dated: 05.03.1992 Yours faithfully (Mohd. I also belong to Gujjar category for which 8% quota has been fixed for promotion cases etc. by the Government. It is therefore requested that I may please be promoted from orderly to Jr. Assistant in the pay scale of 800-1500. I shall be highly thankful to you for this act of kindness. Dated: 05.03.1992 Yours faithfully (Mohd. Sharief) Orderly circle office Rajouri S/o Sain Mohd. R/o Thudi, Tehsil & District Rajouri” 7. The aforesaid representation has not been rejected. Petitioner also relies upon a letter of the Superintending Engineer R&B Circle, Rajouri-Poonch dated 27.07.1993. Relevant portion of the letter dated 27.07.1993 reads as follows: “In view of the detailed position explained above it is requested to kindly accord approval to the promotion of said Mohd. Sharief Orderly as a Jr. Assistant in 900-1500 grade against an available vacancy in this office.” 8. Petitioner has also made other representations on 31.05.1995, 22.01.1996, 11.08.1998, 07.03.2000, 15.06.2002 etc. for the same relief. 9. The claim of the petitioner has been recommended by the Superintending Engineer R&B Circle, Rajouri-Poonch, Districts, H.Q. Rajouri on 27.07.1993 and again by the Superintending Engineer, PWD(R&B) Circle, Rajouri on 27.08.2003. Despite that, no speaking order has been passed as to why the claim of the petitioner has not been considered. It is the travesty of the justice that repeated requests have gone unheeded by the competent authority. 10. Since the matter relates to issue on facts and the claim of the petitioner is based on departmental records the Court at the threshold, cannot go into the fact finding mission, therefore, I am inclined to direct respondent Nos. 1 and 2 to consider the representations made by the petitioner from time to time as referred to above coupled with the recommendations of the Superintending Engineer as has been mentioned above and pass a speaking order within six week from the date of receipt of copy of this order. 11. Writ petition stands disposed of in the above terms.