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IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Y.P. Nargotra, J.
Syed Mohd. Ashraf - Appellant
Versus
State Of J&K & Ors. - Respondent
SWP No. 198/2002
Decided On : 17 February, 2005
Stagnation - Public Employment - Jammu and Kashmir Wild Life (Protection) Subordinate Service Rules, 1985 - Rule 4, SRO 14 of 1996 - Right to Promotion
Fact of the Case:
The petitioner, a Field Operator in the department of Wild Life Protection, was appointed without recruitment rules. He was later promoted as Camera-man but remained stagnant in the same post for over 15 years without consideration for further promotion.
Finding of the Court:
The court found that the petitioner had been stagnating in the same post without being considered for any functional promotion, and his grievance for insitu promotion and issuance of a writ for further promotion avenues was justified.
Issues: The main issue was the petitioner's stagnation and his entitlement to promotion under the Jammu and Kashmir Wild Life (Protection) Subordinate Service Rules, 1985.
Ratio Decidendi: The court held that the right of promotion flows from the right of equal opportunity in public service guaranteed under Article 16 of the Constitution. Stagnation affects efficiency and the government is obligated to provide reasonable promotional opportunities for every wing of public service.
Final Decision: The court directed the State to provide promotional avenues for the post of Cameraman by amending the service rules and consider the petitioner for promotion within four months.
the following posts under the plan schemes of the Department during the current financial year:
"Sanction is hereby accorded to the:
A) Creation of the following posts under the plan scheme of the Wild Life Department during the current financial year.
Designation of the post Grade Rs. No. of posts
--------------------------------------------------------------------------------------------------------------------------
Research survey and census:
1. Direction office:
1.Wildlife warden 1900-3200 one
2. Storekeeper 900-1830 one
3. Section officer 1550-2550 one
4. P. A. cum Stenographer 1550-2250 one
II. Small and Big Game reserves:
1. Range officer Grade II 1235-2325 six
2. Forester 1150-1410 eignt
3. Madens 830-910 five
4. Cameraman 1150-2050 one
5. Project Operator 1075-1735 one
6. Guards 800-1400 thirty
III. Wetland and Reserves:
1. Range officer Grade 1 1550-2550 four
2. Range officer Grade II 1235-2325 two
3. Forester 1150-1910 six
4. Guards 800-1400 thirty
IV. National Parks/Sancturius:
1. Asstt. Engineer (Civil) 2000-3500 one
2. Section Officer -do- 1 300-2550 three
3. Draftsman 1200-2170 one
4. Junior Asstt. (Typist) 800-1500 one
V. Wildlife Warden Office:
1. Wild Life Warden 2900-3200 four
2. Head clerk/Accountant 1150-2050 three
3. Orderlies 830-940 three
4. Junior Asstt. (Typist) 900-1500 three
5. Driver 900-1830 two
B) Purchase of one publicity van for the Chief Wildlife Warden.
C) Purchase of one jeep by replacement to old one by the Chief Wildlife Warden.
The life of the posts will be upto March, 1991 agreed by the Planning and Finance Department and conveyed vide their U.C. No. PD-501/88-89/Forest dated 18.6.1990 and U.O. No. PS-13/FFst-88 dated 10.7.1990 respectively.
The above creations will be subject to the conditions as indicated in Annexure "A" to this order.
These issues with the joint agreement of Planning and Development Departments O.M. No. 501/88-89/Forests dated 12.12.1989.
By order of the Governor."
2. By order dated 30.12.1992 issued by the Chief Wild Life Warden, the petitioner was allowed to
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