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2022 Supreme(J&K) 79

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Pankaj Mithal, C.J. and Wasim Sadiq Nargal, J.
Managing Director, J&K Road State Transport Corporation and Others – Appellant
Versus
Syed Arshad Tramboo and Others – Respondent
LPA No.130/2022
Decided on : 4-8-2022

Advocates:
Advocate Appeared:
For the Appellants(s) :Mr. Altaf Haqani, Senior Advocate with Mr. Shakir Haqani, Advocate
For the Respondent(s):Mr. M. M. Dar, Advocate for Respondent No.1

The right to be considered for promotion is a fundamental right, and promotions should be based on merit and eligibility, with subjective satisfaction and vigilance clearance before according promotion.

Headnote:
Promotion - Entitlement - Regulations of 2013 - [FACT OF THE CASE] Respondent no.1 was appointed as Assistant Works Manager in J&K State Road Transport Corporation and sought confirmation and promotion as Deputy General Manager (DGM) and General Manager (GM). Appellant-Corporation contested the claim, citing Regulations of 2013. [FINDING OF THE COURT] The court held that the petitioner was not entitled to retrospective promotion as DGM and GM, as the posts were to be filled by promotion through selection based on merit, suitability, and seniority. [ISSUES] The court considered the entitlement of the petitioner for promotion and the validity of the impugned communication. [RATIO DECIDENDI] The court emphasized that the right to be considered for promotion is a fundamental right, and promotions should be based on merit and eligibility. The court also highlighted the need for subjective satisfaction and vigilance clearance before according promotion. [FINAL DECISION] The court set aside the direction for retrospective promotion and directed the appellant-Corporation to finalize the petitioner's promotion strictly in conformity with the rules.

ORDER :

CM no.4101/2022

Caveat application no.701/2022 shall stand discharged.

2. On no objection from the other-side, the condonation delay application (CM no.4101/2022) is allowed and delay of 19 days in filing the appeal is condoned.

3. Appeal is taken up for consideration.

LPA no.130/2022

Per Wasim Nargal, J.:-

4. By virtue of judgement and order dated 28th April 2022, passed in a writ petition, bearing SWP no.2611/2015, titled Syed Arshid Tramboo v. State of J&K and others, the learned Single Judge has been pleased to allow the said writ petition in the following manner:-

“11. For the foregoing reasons, this petition is allowed and the petitioner is held entitled to the promotion as Deputy General Manager (Maint.) in the respondent-Corporation w.e.f. 11.02.2013 and as General Manager w.e.f. 11.02.2018 with all consequential service benefits. Let the respondents consider the case of petitioner in the light of observations made herein above and pass appropriate orders of substantive promotion of the petitioner as Deputy General Manager (Maint) and General Manager respectively w.e.f. the dates indicated above and release all consequential benefits, if any, in his favour within a period of two months from the date copy of this judgment along with paper book is served upon the Managing Director of the respondent-Corporation. This is, however, subject to the petitioner’s fulfilling other requirements of promotion as per Rules.”

5. Before proceeding further, it would be apt to give concise factual background of the case with a view to clinch/decide the controversy in question.

Facts:

6. Respondent no.1 herein (petitioner before the Writ Court) was appointed as Assistant Works Manager in J&K State Road Transport Corporation (hereinafter referred to as “appellant-Corporation”) vide appointment order no.SRTC/EC-II/1287 dated 20th June 1988. After ten years, pursuant to the recommendation made by Departmental Promotion Committee and approval granted by the Chairman, JKSRTC, petitioner was promoted as Works Manager Vide Order No.JKSRTC/DPC/EC-T dated 2nd November, 1999. Petitioner, Vide Order No.06/JKSRTC/MD/PS/Sgr dated 28th July 2007, was posted as Incharge Deputy General Manager (for short “DGM”) in his own pay and grade. He consistently represented before appellant-Corporation for his confirmation but his request was not acceded to.

7. It was a specific case of petitioner before the Writ Court that while he was representing for his confirmation in the post of DGM and consequent promotion to the post of General Manager (for short “GM”), which as per petitioner was lying vacant, the Corporation vide communication dated 26th November 2015, requested the Administrative Department for appointment of Shri Abdul Hamid Wani, Drilling Engineer, Geology and Mining Department as GM on deputation. The petitioner feeling aggrieved of the same, challenged the aforesaid communication before the Writ Court as appellant-Corporation instead of confirming him against the post in question imported employees from other departments on deputation at the cost of petitioner when according to petitioner the post in question was required to be filled up 100% by promotion as per Recruitment Rules. It was a specific case of the petitioner before the Writ Court that in terms of the Recruitment Regulations of the Jammu and Kashmir State Road Transport Corporation, 2013 (hereinafter referred to as for the sake of brevity as the “Rules of 2013”) the posts of GM as well as DGM were required to be filled up 100% by promotion by making selection amongst the categories shown in the Schedule and petitioner, albeit being eligible in all respects, was still being ignored by appellant-Corporation leaving petitioner with no option except throwing challenge to the impugned communication on the ground that on one hand the Corporation was forwarding his case for confirmation an

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2022 Supreme(J&K) 79

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGARPankaj Mithal, C.J. and Wasim Sadiq Nargal, J.Managing Director, J&K Road State Transport Corporation and Others – AppellantVersusSyed Arshad Tramboo and Others – RespondentLPA No.130/2022Decided on : 4-8-2022

The right to be considered for promotion is a fundamental right, and promotions should be based on merit and eligibility, with subjective satisfaction and vigilance clearance before according promotion.

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Pankaj Mithal, C.J. and Wasim Sadiq Nargal, J.
Managing Director, J&K Road State Transport Corporation and Others – Appellant
Versus
Syed Arshad Tramboo and Others – Respondent
LPA No.130/2022
Decided on : 4-8-2022