Promotion from Class-IV to Junior Assistant follows seniority-cum-merit among those qualifying typing test at 30+ wpm; higher speeds do not justify superseding seniors absent rule prescription.

ORDER

Per:- Sanjeev Gupta, Judicial Member

Since, the issue involved in both the O.As is similar, they are being disposed of by this common order. For the sake of convenience, the facts of O.A. No. 183 of 2023 titled Maninder Singh are being taken for reference.

2. The brief facts of the case as stated in the O.A. are that the applicant came to be appointed as Orderly vide Government Order No. 249-PW (Hyd) of 2008 dated 06.06.2008 in the pay scale of Rs. 2550- 3200 in RTIC, Jammu under SRO 43/1994 and after serving the respondents for some time, the applicant alongwith some other candidates represented before the department for making promotion to the post of Junior Assistant. The respondents vide No.IFCJ/ES/17900-32, dated 18.09.2022 issued a tentative seniority list of Class-IV staff of Jal Shakti (I&FC) Department, Jammu including RTIC, in terms of SRO 180 of 1997 wherein the applicant figures at S. No. 13.

3. It is further case of the applicant that respondent No. 2 issued a notification dated 08.07.2022 for filling of vacant posts of Junior Assistant and the Superintending Engineers concerned were directed to furnish the consolidated information in respect of Matriculate and Type Knowing Class-IV Employees, strictly categories covered under SRO-160 OF 1997 dated 26.05.1997 on the prescribed Format. It was mentioned therein that the notification for the type test shall be issued separately.

4. Pursuant to the said notification, the respondent No. 2 issued a circular bearing No. IFCJ/Estab./7947-80 dated 27.08.2022 notifying the dates of Type Test of Class-IV Employees of I&FC Department/RTIC Jammu. The applicant submitted all the requisite documents and deposited the fee of Rs.300/-, and in the Annexure ‘2’, annexed with the circular dated 29.08.2022 and the name of the applicant figures at S. No. 87 in the list.

5. It is further averred that the applicant being eligible appeared in the ‘Type Test’ held at Government ITI, Jammu and successfully qualified the same and in the result dated 14.01.2023, the applicant was shown to have qualified the type test with 36 words per minute and figured at S. No. 14 in the list. The respondent no. 2 issued Order No. 203-E of 2022-23 dated 08.02.2023 (in short impugned order), whereby class-IV employees have been promoted as Junior Assistant pursuant to qualifying their type test. The grievance of the applicant is that his name does not figure in the said order, despite having qualified the type test.

6. It is averred that nowhere in any of the circular or notification, it is mentioned that the higher speed of a candidate would be the criteria to entitle him/her for becoming eligible for promotion to the post of Junior Assistant. As per Recruitment Rules, a candidate having 30 words per minute speed in typing is eligible for appointment as Junior Assistant. The criteria adopted by the respondents while making promotions is arbitrary and has deprived the applicant from reaping the benefits of promotion despite being eligible. It is also averred that the applicant has 14 years of service at his back and some of the candidates promoted by way of examination are far junior to the applicant, which is against the rules and the promotion so made by the respondents is required to be set aside.

7. Per contra, the respondents