Supreme Court - Daily Orders
The State Of Jammu And Kashmir vs Randhir Singh on 8 August, 2022
Bench: Uday Umesh Lalit, S. Ravindra Bhat
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5203/2022
(Arising from SLP (C) No. 33874/2018)
THE STATE OF JAMMU AND KASHMIR & ORS. APPELLANT(S)
VERSUS
RANDHIR SINGH RESPONDENT(S)
O R D E R
Delay in preferring the instant appeal is condoned.
Leave granted.
This appeal challenges the judgment and order dated 05.07.2017 passed by the Division Bench of the High Court of Jammu and Kashmir at Jammu in LPASW No.66/2010.
The basic facts leading to the filing of the aforesaid Letter Patents Appeal before the Division Bench, as extracted in the judgment presently under Signature Not Verified challenge were as follows:
Digitally signed byNEETU KHAJURIA Date: 2022.08.12 10:01:25 IST Reason:
“2. The appellant, admittedly held Diploma in Mechanical Engineering and was appointed as Mechanical Overseer in the Milk Supply Scheme, Jammu on temporary basis in the pay 2 scale of 140-10-200EB 10-250 against the post of Diary Engineer vide order dated 27.09.1967. Thereafter vide order dated
02.05.1968, the appellant was sent for training at National Dairy Research Institute, Karnal for a period of nine months as the department was in dire need of Dairy Engineers. Later on the period of training of the appellant was extended by order dated 26.10.1971. Admittedly, the appellant completed the training in the year 1971. In the meanwhile, the State Government framed the Jammu and Kashmir Animal Husbandry (Gazetted) Service Recruitment Rules, 1970. In the aforesaid Rules, admittedly, the qualification which was prescribed for the post of Dairy Engineer was Degree in Dairy Engineering. The appellant did not have the degree in Dairy Engineering and had only Diploma in Dairy Engineering, which he had acquired after the commencement of the Rules of 1970.
3. The appellant submitted a representation seeking his adjustment on the post of Dairy Engineer. The appellant thereupon filed a writ petition being SWP No. 1707/1997 seeking consideration of his appointment as Dairy Engineer. The aforesaid writ petition was disposed of on 04.04.2001 with a direction to the respondents to consider the appellant's claim. In the meanwhile, the Milk Supply Scheme merged with the Jammu and Kashmir Co-operative Milk Producer Federation Limited, Jammu. The aforesaid Federation considered the claim of the appellant and vide order dated 29.11.2001 rejected the same. Being aggrieved, the appellant again approached this Court by filing a writ petition in which he sought his promotion against the post of Dairy Engineer from 1972 onwards. The aforesaid writ petition was decided by the learned Single Judge vide order dated 03.03.2010 and it was inter alia held that the appellant had accepted the appointment as Mechanical Overseer in 1967 without any 3 demur and did not question the appointment of the persons, who came to be appointed later as Dairy Engineer during the course of his training and even thereafter, the appellant had no right to claim consideration against the post he does not appear to have ever applied seeking consideration therefor. Accordingly, the writ petition preferred by the appellant was dismissed. In the aforesaid factual background, the appellant has approached this Court.” The appeal preferred by the respondent herein was allowed by the Division Bench. It was found that a recommendation vide communication dated 28.09.1972 was made in favour of the respondent for appointment to the post of Dairy Engineer under the ICAR Scheme and a proposal for amendment to Rules was made on 05.02.1973. Accepting the submissions made on behalf of the respondent, the Division Bench, therefore, directed the present appellants to accord the benefit of promotion to the post of Dairy Engineer to the respondent with effect from the date the promotion was given to similarly situated persons and accord him all consequential benefits.
In this appeal challenging the decision of the Division Bench, we have heard Mr. G.M. Kawoosa, learned counsel appearing in support of the appeal 4 and Ms. Meenakshi Arora, learned senior advocate for the respondent.
The respondent was a diploma holder and was appointed way back in 1967. As a result of the Rules, which were incorporated in the year 1973, the respondent was not afforded the benefit of promotion on the ground that he was not a degree holder. However, the challenge was raised by the respondent for the first time by filing SWP No.1707 of 1997, which was disposed of on 04.04.2001 as observed by the Division Bench. The respondent reached the age of superannuation in the year around 2000.
In the circumstances, in our considered view, the ends of justice would met if we direct -
(a) the respondent shall be deemed to have been promoted to the level of Dairy Engineer and shall be reckoned to have retired as Dairy Engineer on reaching the age of superannuation.
(b) The fixation of his pay shall be at the highest level applicable to Dairy Engineers and based on such fixation, the last drawn 5 salary of the respondent shall be computed for the purposes of pensionary benefits.
(c) The pensionary benefits shall, however, be extended to the respondent with effect from 01.04.2006.
(d) The arrears in that behalf shall be made over to the respondent within eight weeks from today.
This order shall be in substitution of the order under appeal and shall be scrupulously observed. Any infraction shall entail in initiation of proceedings in contempt.
With the aforesaid observations, the appeal is allowed.
No costs.
....................,J.
(UDAY UMESH LALIT) ....................,J.
(S. RAVINDRA BHAT)
NEW DELHI
AUGUST 08, 2022
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ITEM NO.21 COURT NO.2 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 33874/2018
(Arising out of impugned final judgment and order dated 05-07-2017 in LPASW No. 66/2010 passed by the High Court Of Jammu & Kashmir And Ladakh At Jammu) THE STATE OF JAMMU AND KASHMIR & ORS. Petitioner(s) VERSUS RANDHIR SINGH Respondent(s) IA No. 181286/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 08-08-2022 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. G.M. Kawoosa, Adv.
Ms. Taruna Ardhendumauli Prasad, AOR For Respondent(s) Ms. Meenakshi Arora, Sr. Adv.
Mr. Sumit Singh Somitra, Adv. Mr. Tushar Arora, Adv.
Mr. Chandra Tanay Chaube, Adv. Mr. P. D. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Delay in preferring the instant appeal is condoned.
Leave granted.
The appeal is allowed in terms of the signed order.
Pending applications shall stand disposed of. (NEETU KHAJURIA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)