The court found that denial of promotion based on cadre distinction violated administrative fairness, necessitating equal treatment for the applicant and correction of unjust practices in recruitment.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “ Allow the present petition.

b) Quo Warranto, by declaring respondent no. 5 & 6 as usurper of the post of Naib Tehsildar, being ineligible to hold the aforesaid post under the Revenue (Subordinate) Service Recruitment Rules, 2009, as they have been promoted in violation of the rules;

c) Seeking to quash the Govt. Order No. Rev (NG) 05 of 2017 dated 04.01.2017 by virtue of which the claim of the petitioner for his promotion to the post of Naib Tehsildar has been rejected by applying altogether a different yardsick in comparison with Respondent Nos. 5 & 6. attached Annexure-11

d) Copies of Representation are attached Annexure - III

e) ANY other writ, order or direction which this Hon'ble Court may deem for or proper in the facts and circumstances of the case.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The petitioner, Mr. Jeep Singh, is a member of the Revenue (Subordinate) Service governed by the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules, 2009. As per these Rules, the next promotional post after that of Mohasib is Sardar Mohasib, falling under Schedule II-B and sub-head of Class-II of Category-B posts. The petitioner, after being appointed as Wasil Baqi Navis in 1986, was promoted as Mohasib in 1992 and further as Sadar Mohasib on 20.03.2007, having rendered continuous and meritorious service in the department.

b) It is stated that in the year 1995, respondent Nos. 5 and 6, who were then working as Head Assistants, were regularized and promoted as Naib Tehsildars w.e.f. 31.10.1981 and 26.05.1997 respectively, vide Government Orders No. Rev (HG) 226 of 1995 and Rev 105 of 1997. The petitioner contends that such promotions were made in utter disregard to the Recruitment Rules of 2009, since those Rules do not provide for promotion of Head Assistants to the executive post of Naib Tehsildar, which is distinct in cadre and classification.

c) The petitioner was similarly situated as respondents Abdul Gani Darzi and Mohammad Yasin, both of whom were promoted as Naib Tehsildars in relaxation of the statutory provisions. On noticing this anomaly, the petitioner submitted numerous representations to the official respondents and to the Hon’ble Revenue Minister, seeking parity of treatment in consideration of his meritorious and exemplary service.

d) In response, the Under Secretary to the Government, Revenue Department, vide communication addressed to the Financial Commissioner, directed that the petitioner’s case for promotion to Naib Tehsildar be processed on analogy with the two similarly placed officers. However, the authorities failed to comply with these directions. Instead of redressing the grievance of the petitioner, the respondents again promoted respondent No. 5 as Saddar Mohasib vide Government Order No. 181-Rev of 2015, ignoring the petitioner’s rightful claim.

e) Consequently, the petitioner approached the Hon’ble High Court of Jammu & Kashmir by way of SWP No. 1930/2016 – Jeep Singh v. State of J&K and Ors., seeking parity in promotion. The Hon’ble Court disposed of the writ petition on 17.09.2016 with directions to the respondents to consider and decide the petitioner’s representation(s) in light of communication No. FC(A)