Promotion rights under prior rules cannot be denied based on prior litigation participation, ensuring equal consideration for eligible employees.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 3200/2014 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7939/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “WRIT OF MANDAMUS directing and commanding the Respondents to treat the Writ Petitioner at par with the Writ Petition (Service) No.1321/2009 titled "Shakeel Ahmad & Ors Versus State of J&K & Ors.", and consider him for promotion against the post of Laboratory Assistants which had become available prior to coming into force of the J&K School Education (Subordinate) Service Recruitment Rules, 2008 on the same analogy and in terms of Order/Judgment dated April 18, 2012 passed by this Hon'ble Court in Writ Petition (Service) No. 1321/2009 titled "Shakeel Ahmad & Ors Versus State of J&K & Ors.", and also on the analogy of the Writ Petitioners in various other Writ Petitions including Writ Petition (Service) No. 217/2014 titled "Subash Chander & Ors Versus State of J&K & Ors." with the consequential benefit of seniority;

b) Any other Writ, Order or Direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the Writ Petitioner.

c) The costs of the Writ Petition (Service) be also awarded in favour of the Writ Petitioner and against the Respondents.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner, a permanent resident of the erstwhile State of Jammu and Kashmir and a peace-loving citizen, has approached this Hon’ble Court invoking its writ jurisdiction for enforcement of his accrued and vested rights under the J&K School Education (Subordinate) Services Recruitment Rules, 1979 and for parity with the beneficiaries of the judgment dated 18.04.2012 passed in W.P. (S) No. 1321/2009 titled Shakeel Ahmad & Ors. vs State of J&K & Ors.

b) The petitioner was appointed as Laboratory Bearer on 30.12.2000 in the School Education Department. He was matriculate even at the time of appointment and thus qualified for promotion to the post of Laboratory Assistant under the 1979 Rules, which prescribed a promotional quota of 25% for Laboratory Bearers having Matriculation with two years’ experience. Vide Government Order No. 383-Edu of 2003 dated 04.04.2003, the petitioner, along with other similarly situated employees, was brought to the regular pay scale of ₹2550-3200/-; his name appeared at Serial No. 25 in the order issued by the Chief Education Officer, Kathua. His service was governed by the J&K School Education (Subordinate) Services Recruitment Rules, 1979.

c) The petitioner continued to serve satisfactorily and completed well over fourteen years of continuous service as Laboratory Bearer. Despite his eligibility and seniority, the respondents failed to consider his case for promotion, even though a number of vacancies of Laboratory Assistants had become available long before the promulgation of the J&K School Education (Subordinate) Services Recruitment Rules, 2008 vide SRO 308 dated 16.10.2008. The new Rules repealed the 1979 Rules and altered the promotional structure by introducing a 50% quota from Class VII employees (including Orderlies, Peons, Gasmen, etc.), thereby diluting the exclusive channel of promotion earlier available to Laboratory Bearers.

d) Aggrieved, similarly situated employees approached the Hon’ble High Court in W.P. (S) No. 1321/2009, Shakeel Ahmad & Ors. vs State of J&K & Ors., challenging the 2008 Rules and consequential seniority lists. The Hon’ble Single Judge, vide judgment dated 18.04.2012, held that though the Government was empower