Jammu & Kashmir High Court
Naseer Ahmed vs State Of J&K And Others on 1 December, 2022
Author: Tashi Rabstan
Bench: Tashi Rabstan
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2557/2019
CM Nos. 4558/2020, 5126/2019
Reserved on : 07.11.2022
Pronounced on : 01.12.2022
Naseer Ahmed .....Petitioner(s)
Through: Mr. G.S. Thakur, Advocate
Vs.
State of J&K and others ..... Respondent(s)
Through: Mr. Basit Manzoor Keng, Advocate for R-4
HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
Coram:
HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
JUDGMENT
Tashi Rabstan, J
1. The writ petition in hand has been filed by the petitioner seeking direction to the respondents to promote the petitioner from the post of Jamadar to Process Server, along with all consequential benefits including the monetary as well as service benefits.
2. It is contended in the writ petition that the petitioner is presently working as Jamadar in the Munsiff Court, Thannamandi and while serving in different courts he has passed Adeeb in the year 2006 and Adeeb-e- Mahir in the year 2013 from Jamia Urdu Aligarh. It is further contended that Adeeb-e-Mahir is equivalent to 10+2, hence the petitioner is eligible for promotion to the post of Process Server. It is contended that a similarly situated candidate, namely, Mohd. Arif has already been promoted to the post of Process-Server on the basis of similar qualification.
3. It is further averred that on 25.08.2014 the petitioner submitted an application before the respondent No. 5, who forwarded the same to the Principal Secretary to Hon'ble the Chief Justice, High Court of J&K and 2 WP(C) No. 2557/2019 the Assistant Registrar of the Hon'ble Chief Justice Secretariat issued a communication to the respondent No. 5 requesting the respondent No. 5 to deal with the matter at his own level. Further averred that since the respondents have not taken any action, therefore, the petitioner on 06.02.2017 has moved another representation before the respondent No. 5, who again forwarded the same to the Principal Secretary to Hon'ble the Chief Justice and the Assistant Registrar of Hon'ble the Chief Justice Secretariat has again requested the respondent No. 5 to do the needful at his own end because the respondent No. 5 is competent to grant promotion to the petitioner, however, nothing has been done till date. On 14.09.2017, the petitioner again moved a representation to the respondent No. 5, however, till date the petitioner has not been promoted. It is contended that the Joint Registrar of Hon'ble the Chief Justice Secretariat has vide communication dated 31.08.2017 forwarded the case of the petitioner to the respondent No. 5 in which it is mentioned that the petitioner is required to be promoted as per rules of 2016, which is also not approved to the petitioner because the petitioner was appointed in the year 2001.
4. Response has been filed by the respondent Nos. 4 and 5 to the writ petition as well as to the Supplementary affidavit filed by the petitioner. It is averred in the reply that so far as the qualification of Adeeb and Adeeb-e- Mahir is concerned, according to Circular No. 04 of Edu. 2012 dated 06.02.2012 of Govt. of J&K, Civil Secretariat, School Education Department Jammu/Srinagar, Adeeb is equivalent to the qualification of Secondary School Examination Class 10th and Adeeb-e-Mahir is equivalent to the Higher Secondary part-II (class 10+2) provided the 3 WP(C) No. 2557/2019 candidate has qualified the English of 10th standard for Adeeb and English of 12th for Adeeb-e-Mahir from any recognized Board, otherwise not at all. It is further averred that the petitioner has not produced any certificate to show that he has qualified English of 10 th or 12th class from any recognized Board, so the petitioner is not qualified equivalent to 10th or 12th class recognized by the Government of Jammu and Kashmir. The respondent Nos. 4 and 5 have admitted in their objections that the petitioner was appointed as Orderly in the year 2001 and was subsequently promoted as Jamadar in the year 2010.
5. In view of the facts and circumstances of this case as well as the reply filed by the respondent Nos. 4 and 5, this writ petition is disposed of with liberty to the petitioner to produce the qualification certificates before the respondents as required in terms of Circular No. 04 of Edu. 2012 dated 06.02.2012 of Govt. of J&K, Civil Secretariat, School Education Department Jammu/Srinagar, showing that the petitioner has qualified the English of 10th standard for Adeeb and English of 12th standard for Adeeb-e-Mahir from any recognized Board, within a period of two weeks from the date a copy of this order is made available to the respondents by the petitioner. In the event the petitioner produces the aforesaid documents and found eligible, the respondents shall consider the case of the petitioner for promotion from the post of Jamadar to Process Server, of course, under rules.
JAMMU (Rajesh Sekhri) (Tashi Rabstan)
01.12.2022 Judge Judge
Pawan Angotra
Whether the order is speaking : Yes/No
PAWAN ANGOTRA Whether the order is reportable : Yes/No
2022.12.01 11:48
I attest to the accuracy and
integrity of this document