Upgraded cadre via govt orders substitutes feeder post in recruitment rules; employer cannot deny regularization for failure to amend rules.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1618/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.739/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) Commanding respondent no. 1, to effect correction in whatever way and manner under rules is necessitated, correcting the expression Headquarter Assistant, as is occurring in Schedule - II to SRO 285 (Jammu and Kashmir Rural Development (Gazetted Services Recruitment Rules) of 2003, against Clause V, Entry (A) (Method of Recruitment) (ii) and substitute the same by the expression Superintendent / Office Manager (Section Officer).

b) Commanding respondent no. 2, to effect correction in whatever way and manner under rules is necessitated, correcting the expression Headquarter Assistant, as is occurring in the Jammu and Kashmir Rural Development (Subordinate Services Recruitment Rules) of 2007, in Schedule I (A) against Entry (2) & 4) as also in Schedule II (A), as is occurring against clause I(D) and II (A) and substitute the same by expression Superintendent / Office Manager (Section Officer);

In the alternative;

Commanding respondents to read both in SRO 178 Jammu and Kashmir Rural Development (Subordinate Services Recruitment Rules) of 2007 and SRO 285 (Jammu and Kashmir Rural Development (Gazetted Services Recruitment Rules) of 2003, the expression Headquarter Assistant wherever is occurring as Superintendent / Office Manager (Section Officer) for all intents and purposes.

c) Commanding respondents to consider petitioner for promotion / regularization of their adjustment as BDOs' in the Rural Development Department, as per the Recruitment Rules with all consequential benefits.

d) The Hon'ble Court may further award petitioner any other relief which they may be found entitled to at the hearing of the petition.

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

a) The present Transfer Application arises out of SWP No. 1618/2018, which was originally filed before the Hon’ble High Court of Jammu & Kashmir and, upon transfer, has been registered as T.A. No. 739/2021 before this Tribunal.

b) The applicant, Shri Pritam Chand, is a permanent resident of the Union Territory of Jammu & Kashmir and a citizen of India. He is entitled to invoke the jurisdiction of this Tribunal for enforcement of his statutory, legal, and constitutional rights. The applicant has not previously approached any court or forum on the same cause of action.

c) The applicant was initially appointed as a Junior Assistant in the Rural Development Department on 14.11.1981 after selection through the District Recruitment Board on the basis of merit. He was thereafter promoted to the post of Senior Assistant strictly in accordance with rules, seniority, and merit. There is no dispute regarding his initial appointment or subsequent promotion to the post of Senior Assistant.

Upon further progression in service, the applicant was promoted to the post of Head Assistant from the cadre of Senior Assistant by a duly constituted Divisional Level Departmental Promotion Committee vide Order No. 841-DRD of 2014 dated 27.12.2014. The promotion was made strictly in accordance with the applicable recruitment rules.

d) With the expansion of Rural Development schemes and in order to extend the All India pattern of District Rural Development Agency (DRDA) administration to the State of Jammu & Kashmir, the Government issued G