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2021 Supreme(J&K) 430

SANJEEV KUMAR
Bholi Devi – Appellant
Versus
SKUAST – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Anuj Dewan Raina, Advocate
For the Respondent(s):Mr. Rajat Jamwal, Advocate

Judgment

Sanjeev Kumar, J.-The petitioner is serving in Sher-e-Kashmir, University of Agriculture Science and Technology (SKUAST), Jammu as Assistant-cum-Typist and is holding the selection scale since 27.03.2013. He came to be appointed as Assistant-cum-Typist in the then pay scale of Rs.3050-75-4590 and was posted in the Directorate of Resident Instructions Wing of SKUAST vide University Order No.75(Estt) of 2002 dated 13.08.2002.

2. In the Schedule-I to Chapter III (General Administration Cadre), there is a provision for placement of 30% of sanctioned strength of Assistant-cum-Typist/Dispatch/Receipt/Stationary/Store clerk and equivalent ministerial posts in the selection scale of Rs.4000-6000 subject to such incumbents having at least five years experience and good service record. This placement is provided to be made on the basis of merit and suitability. The petitioner, who was appointed as Assistant-cum-Typist on 13.08.2002 acquired the requisite five years experience on 12.08.2007 and, therefore, became entitled to be placed in the selection grade subject, of course, to the availability of vacancy and her merit and suitability. It is pleaded that in the year 2007, when the

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