Meena Kumari vs State Of J&K; And Others on 9 November, 2017

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Jammu & Kashmir High Court

Meena Kumari vs State Of J&K; And Others on 9 November, 2017

Bench: Tashi Rabstan

               HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU


SWP No. 1617/2008, MP No. 2295/2008.

                                                        Date of order: 09.11.2017
Meena Kumari                           Vs                     State of J&K and ors.

Coram:
                  Hon'ble Mr. Justice Tashi Rabstan, Judge
Appearance:
For the petitioner (s)    : None.
For the respondent(s)     : Mr. Sanjeev Padha, GA.

(Oral)

1. The instant petition has been filed in the year 2008.

2. Through the medium of the instant writ petition, the petitioner inter-alia seeks quashment of the order dated 18.10.2008 passed by the respondent No. 2, whereby the sanction has been accorded to the promotion of respondent No. 3 as Cook in the pay-scale of Rs.3050-4590. The petitioner also seeks a writ of mandamus commanding the respondents to consider the case of the petitioner against the post of Cook in the pay- scale of Rs. 5000-8000.

3. Objections have been filed by the respondents, wherein it is stated that the petitioner was appointed as a Cook vide order dated 24.02.1987 in the pay-scale of Rs. 345-460 (pre-revised) and the petitioner was later on promoted in the pay-scale of Rs.775-1025 (pre-revised) and 2610-3540 (revised) with effect from 11.04.1996. The petitioner was further promoted in the pay-scale of Rs. 3050-4910 with effect from 27.04.2002. It is further stated that there is no post of cook available in the pay-scale of Rs. 5000-8000, against which the petitioner could be promoted.

SWP No. 1617/2008 Page 1 of 2

However, the petitioner is due for time-bound promotion in the pay-scale of Rs.4000-6000 in the year 2010 i.e. on 01.05.2010.

4. It is also averred that the petitioner is even otherwise not eligible for promotion as Kitchen Supervisor in the pay-scale of Rs. 5000-8000, as she has not completed ten years of service in the grade of Rs. 3050-4910.

5. Since the petitioner has also been placed in the pay-scale of Rs. 3050- 4910 with effect from 27.04.2002 and is due for in-situ promotion in the pay-scale of Rs. 4000-6000 with effect from 01.05.2010, by virtue of which no right of the petitioner has been violated.

6. The respondents in their objections clearly specified that the post of Kitchen Supervisor in the pay-scale of Rs. 5000-8000 is lying with the department, however, the petitioner is not eligible for the said post because she has not completed ten years of requisite service in the pay- scale of Rs. 3050-4910. Since the petitioner has been placed in the pay- scale of Rs. 3050-4910 with effect from 27.04.2002, by now, the petitioner has already completed ten years of service.

7. In view of the aforementioned facts and circumstances of the case, this petition is disposed of with a direction to the respondents to consider the claim of the petitioner for promotion to the post of Kitchen Supervisor in the pay-scale of Rs.5000-8000 in accordance with the rules, of course, if there is no legal impediment.

8. Disposed of accordingly, along with connected MP.

( Tashi Rabstan ) Judge Jammu 09.11.2017 (Muneesh) SWP No. 1617/2008 Page 2 of 2

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