Promotion rights must adhere to seniority rules, with equitable treatment for similarly situated employees.

+ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2799/2014 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7845/2021 by the Registry of this Tribunal.

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

i) Certiorari quashing the promotions of respondents Nos. 04 to 09 and other Class-IV employees junior to the petitioners made to the posts of Lab Assistant made in absolute disregard to the seniority position as contained in the combined tentative seniority list of School the of Class-IV employees Department for District Jammu;

Education

Or in the alternative

Mandamus commanding the respondents No. 01 to 03 to promote the petitioners also against the post of Lab Assistants w.e.f. the dates the respondents Nos. 04 to 09 and other junior Class-IV employees to the petitioners have been promoted as Lab Assistants over and above the head of the petitioners.

ii) Certiorari, quashing the promotions made by the respondents Nos. 01 to 03 from amongst Lab Bearers to the posts of Lab Assistants in the alleged implementation of the judgment passed in Shakeel Ahmed's case in so far as the same have been made in excess of the number of vacancies of Lab Assistants available at the time of promulgation of the J&K School Education (Subordinate) Services Recruitment Rules, 2008.

iii) Mandamus commanding upon the respondents No. 01 to 03 to make promotions against so much of the posts of Lab Assistants available on the date of promulgation of J&K School Education (Subordinate) Services would remain after Recruitment Rules, 2008 as promoting the Lab Bearers eligible for such promotion under the Rules of 1979 as also the posts of Lab Bearers that are become available after the promulgation of Rules of 2008 from amongst all Class- IV employees of the School Education Department in District Jammu strictly in accordance with the seniority as contained in the combined tentative seniority list of Class-IV employees issued for District Jammu.

iv) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioners and against the respondents along with costs of the petition.”

3. The brief facts of the case are that the petitioners are all working as Class-IV employees in the department of School Education and are posted at different places in District Jammu. At the time petitioners were appointed, their services were governed by the J&K School Education (Subordinate) Service Recruitment Rules, 1979 issued vide SRO 240 of 1979 dated 28-04-1979. Under the above said Rules of 1979, although the posts of Malies, Library Bearers, Laboratory Bearers, Chowkidars, Ground Coolies, Waterman, Chainman, Farm hands, Animal keepers and Farashes were all grouped together in the Schedule annexed to the rules as Class-VII Category (a) posts, however, in so far as the promotional avenues for further promotions from the posts grouped under Class-VII category (a) were concerned, the Laboratory Bearers were better placed in as much as in addition to the other promotional avenues provided for Class-VII category (a) posts, Laboratory Bearers with the requisite qualification and experience could also be promoted to the posts of Lab Assistant, which was a Class-V category (d) post under the Rules of 1979, whereas the other posts falling under Class-VII category (a) were not made a feeding category for the posts of Lab Assistants under the Rules of 1979. The above