The court emphasized the importance of adhering to recruitment rules and cautioned against flouting them, stating that deliberate deviation from the rules could lead to wrongful benefits and departmental action.

JUDGMENT :

Sanjeev Kumar J

LPA No.64/2019

1. The appellants are aggrieved of and have called in question a judgment dated 18.12.2018 passed by a learned Single Judge of this Court [“the Writ Court”] in SWP No.48/2014 titled Kavita Gupta and another v. State of J&K and others, whereby the Writ Court has dismissed the petition of the appellants filed to challenge the seniority list of Junior Scale Stenographers on multiple grounds.

2. Briefly stated, the facts leading to the filing of instant appeal, as are projected by the appellants in their petition and reiterated in the memo of appeal, are that the appellants came to be appointed as Junior Assistants in the Power Development Department (PDD) pursuant to their selection made by Jammu & Kashmir Services Selection Board w.e.f. 05.10.2000 and 26.04.2001 respectively. In the similar manner, respondent No.10 was appointed as Junior Assistant in PDD on 03.04.2001. Respondent No.6 came to be appointed as Junior Assistant by way of promotion. Respondent No.5 and 7 to 9 were the Junior Assistants appointed in the Divisional Cadre Kashmir. The Recruitment and conditions of service of various non-gazetted posts borne on Jammu & Kashmir Power Development Subordinate Service are governed by the Jammu & Kashmir Power Development Department (Subordinate Service) Recruitment Rules, 1981 [“the Rules of 1981”] issued by the Government vide SRO No.381 dated 26.08.1981.

3. As per the Rules of 1981, post of Steno Typist is required to be filled up 50% by promotion from Class-IV Category i.e. Junior Assistant/Revenue Clerk/Typist from amongst persons having minimum speed of 60 words and 35 words per minute in shorthand and typewriting respectively. It is true that no separate sanction strength of Steno-Typist is indicated in the Rules and the post of Steno Typist is shown clubbed with the post of Senior Assistant and Store-Keeper with sanction strength of 419 as indicated in Part-B of the Schedule of the Rules of 1981.

4. Insofar as the post of Junior Stenographer is concerned, same amongst others is required to be filled up 75% by promotion from Class-III Category –C (Steno-Typist) on the basis of a test and having minimum speed of 65 and 35 words per minute in shorthand and typewriting respectively. This is how the promotion from the post of Steno Typist to the post of Junior Stenographer is provided in the Rules of 1981.

4. It seems that ignoring the Rule position, the respondent-department initiated process to fill up the vacancies of Junior Stenographers through State Level Departmental Promotion Committee and a request in this behalf was made by the Administrative Officer in the office of Development Commissioner Power, Jammu to the Chief Engineer, M&RE, Jammu for furnishing the detail/particulars of all Junior Assistants. Responding to the communication of the Development Commissioner, the Chief Engineer concerned forwarded the list of Junior Assistants which included the names of the appellants herein as also the private respondents including respondent No.10. The Development Commissioner vide his order No.DCP/II/629 of 04 dated 29.11.2004 constituted two Divisional Level Committees to conduct shorthand and type test of all eligible Junior Assistants/Revenue Clerks and Typists for considering their promotion against the post of Steno-Typists.

5. In the type and stenography test conducted by the Committee on 25.04.2004, both the appellants along with respondent No.10 and one Rakesh Kumar qualified. The matter was considered by the Divisional Level Departmental Promotion Committee headed by the Chief Engineer M&RE Wing, Jammu in its meeting held on 23.07.2005 and on the basis of the recommendations made by the Committee, the Chief Engineer, EM&RE Wing, Jammu vide his order No.CEJ/DPC-II/85 of 2005 dated 18.08.2005 accorded sanction to the placement of respondent No.10 and Sh. Rakesh Kumar in the pay scale of Rs.4000-6000 as Steno-Typist on the basis of their merit in the test conducted by the Commit