Promotion policies must align with constitutional guarantees of equality and merit, ensuring compliance with administrative responsibilities.

ORDER (Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A, the applicant has sought for the following reliefs:

a. The respondents especially Commissioner Secretary Higher Education Department, Directorate of Colleges and other concerned departments be directed to restart and conclude the process of initiate updation of Recruitment Rules for Higher Education department Subordinate Services in terms of Communication No DCHE/2024/1148 Dated 07/08/2024 and other official orders issued thereupon that too within a short span of time preferably within the period of 02 months. The respondent (GAD) be also directed to consider the matter pertaining to petitioners on priority in the committee framed for development of single window system for processing of Recruitment Rules vide Government Order No 1247-JK (GAD)

of 2025 Dated 25/09/2025.

b. Constitute a committee to review the Applicants' grievances and propose promotional avenues within a time-bound period. Direct the Respondents to formulate and implement an employee- friendly policy for the promotion of Junior Lab Assistants in the HED, based on their 261 c) qualifications and service, similar to policies in the LED and the Union Territory c. Direct the Respondents to revise the Service Rules to provide promotional avenues for Junior Lab Assistants, in the Higher Education Department, commensurate with their qualifications (B.Sc, M.Sc, M.Phil, PhD, NET, JRF, B.Tech, PGDPLCC, MLIS). Sepay d. Grant the Applicants a higher pay scale (INR 9300-34000 + 4600 GP or equivalent) in line with similarly qualified employees in other departments and the Union Territory of Ladakh with retrospective effect.

e. Direct the Respondents to consider the Applicants for teaching assistant or assistant professor roles in the HED, given their qualifications and the department's practice of engaging postgraduates to address staff shortages.

2. Alongside the main reliefs, the petitioner has also • Pending final disposal of this application, the Applicants pray for an interim order directing the Respondents especially Commissioner Secretary Higher Education Department, Directorate of Colleges and other concerned departments to restart and conclude the process of Reviewing and updation of Recruitment Rules for Higher Education department Subordinate Services in terms of Communication No DC-HE/2024/1148 Dated 07/08/2024 that too within a short span of time.

• Constitute a committee to review the Applicants' grievances and propose promotional avenues within a time-bound period. Direct the Respondents to formulate 30 and implement an employee-friendly policy for the promotion of Junior Lab Assistants in the HED, based on their qualifications and service, similar to policies in the LED and departments in Union

3. The case of the petitioner as projected in the O.A. is that the applicants are aggrieved of the illegal and arbitrary actions of the respondents as they have not redressed the grievances of the petitioners regarding stagnation and lack of promotional avenues for Junior Lab Assistants in the Higher Education Department, Jammu & Kashmir.

4. Through the medium of the instant petition, the petitioners seek a direction upon the respondents, especially Commissioner Secretary, Higher Education Department, to restart and conclude the process of reviewing and updation of Recruitment Rules for Higher Education department Subordinate Services in terms of Communication No DCHE/2024/1148 Dated 07/08/2024 and other official orders issued thereupon that too within a short span of time preferably within the period of 02 months.

5. Learned counsel for the petitioners submits that the action of respondents is violative of Article 14 and 16 of Constitution of the applic