Jammu & Kashmir High Court - Srinagar Bench
Ghulam Nabi Sheikh And Others vs Ut Of J&K And Others on 6 February, 2020
Author: Dhiraj Singh Thakur
Bench: Dhiraj Singh Thakur
S. No. 116
Suppl. list
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP(C) No. 278/2020
CM No. 492/2020
Ghulam Nabi Sheikh and Others
.....Petitioner(s)
Through: Mr. T.A. Lone, Advocate
Vs.
UT of J&K and Others
..... Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
ORDER
06.02.2020
1. The petitioners are substantively working as Supervisors in the Social Welfare Department and some of them are incharge ACDPO's (Assistant Child Development Project Officers) as also CDPO's (Child Development Project Officers). The petitioners feeling aggrieved of the anomaly that appears to have crept in the Social Welfare (Gazetted) Service Recruitment Rules, 2007, particularly in Schedule II, which envisages promotion to the post of Assistant Director, Social Welfare Department and CDPOs 50% by promotion amongst members of Class 1 of Schedule-II and the Schedule-VI, have filed the instant writ petition.
2. There is no Schedule-VI in the Social Welfare (Subordinate) Service Recruitment Rules, 2009 and, therefore, the prayer is that till such time the anomaly is removed, no promotion can be made to the post of Assistant Director, Social Welfare Department or CDPO's.
3. In the reply submitted by the State in the earlier round of litigation, preferred at the behest of the petitioners, anomaly was admitted. Reference to paragraph 2 of the said reply would show that the State has admitted that the steps have been taken to rectify the anomaly as also to upgrade as many as 120 posts of Supervisors to the level of ACDPO's. The said petition, however, was withdrawn on the assurance that the rules would be amended, which does not appear to have happened, compelling the petitioners to approach this Court again.
4. The apprehension expressed is that without amendment of the rules (supra), all the posts of CDPO's would be filled up from out of the cadre of TSWO's (Tehsil Social Welfare Officers) like Superintendents of Home/Institutions, ignoring the ACDPO's etc. Although the petitioners are not ACDPO's in the substantive capacity, yet they feel that it is only if the existing ACDPO's are promoted to the post of CDPO's that the available vacancies would be created for which petitioners' eventually would be considered for promotion. Even though immediately it is only the ACDPO's who are aggrieved of the anomaly, yet it cannot be said that the petitioners are not also affected of the anomalous rules.
5. Be that as it may, issue notice in main as well as in CM returnable by or before the next date of hearing.
6. List on 24th March, 2020.
7. In the meantime, the respondents would be at liberty to make the promotion to the post of CDPO's from out of the members of Class 1 of Schedule-II, to the extent of 50% of the available vacancies, which shall remain subject to outcome of the present petition. The State, however, would be at liberty to incorporate necessary amendments in the Social Welfare (Gazetted) Service Recruitment Rules, 2007.
(DHIRAJ SINGH THAKUR) JUDGE SRINAGAR 06.02.2020 "Manzoor"
MANZOOR UL HASSAN DAR 2020.02.11 14:58 I attest to the accuracy and integrity of this document