ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.537/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7420/2020 by the Registry of this Tribunal.

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

a) “Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to adopt the draft rules finalized in the meeting of the Standing Committee held on 28th January, 2016 read with the Standing Committee meeting dated 29th June, 2017 for promotion to the post of Receptionist and Estates Officer on the same analogy, as has been done in the case of Junior Engineer (Civil) vide Government Order No.12-Estat of 2016 dated 17th February, 2016;

b) Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to regularize the petitioner as Receptionist w.e.f. the date he is holding the charge of the post with all consequential benefits either in accordance with the draft rules or while exercising power under Rule 10 of the J&K Estates Subordinate Service Recruitment Rules, 1997;

c) Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to consider the petitioner for promotion to the post of Estates Officer in the pay scale of Rs.9300-34800 + Grade Pay 4260;

d) 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 petitioner and against the respondents along with cost.

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. 537/2018, which was originally filed by the applicant before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon transfer, came to be registered before this Tribunal as T.A. No. 7420/2020.

b) The applicant, namely Daljit Singh Manhas, was initially appointed as Telephone Operator in the Estates Department vide Government Order No. 338-GAD of 1998 dated 17.03.1998. The post of Telephone Operator was borne on the cadre of the Jammu and Kashmir Estates Subordinate Service governed by the J&K Estates Subordinate Service Recruitment Rules, 1997.

c) The grievance of the applicant is that under the existing Recruitment Rules, there were no adequate promotional avenues available to the post of Telephone Operator. According to the applicant, despite rendering long service, he remained without any meaningful avenue of advancement in the cadre.

d) The applicant was thereafter placed as Receptionist vide Order No. 480-DE of 2009 dated 07.08.2009. The said placement was made in his own pay and grade, and he has been discharging the duties of Receptionist since the said date. It is pleaded that the post of Receptionist is higher in status and responsibility than the post of Telephone Operator. However, according to the applicant, he was not substantively regularized against the said post from the date he started performing the duties of Receptionist.

e) It is further pleaded that the applicant was granted charge allowance only with effect from the year 2012, though he had been continuously functioning as Receptionist since 07.08.2009. The applicant contends that denial of regular promotion/regularization as Receptionist from 07.08.2009 has adversely affected his further promotional prospects, particularly for consideration to the post of Estates Officer.

f) The applicant has relied upon the judgment passed by the Hon’ble High Court in SWP No. 1532/2012 titled Sudershan Sharma vs. State of J&K and others, wherein the issue of lack of promotional avenues in the Estates Department was considered. In the said matter, the respondents were directed to take steps for amendment of the J&K Estates Subordinate Service Recruitment Rules, 1997, so as to provide reasonable and adequate promotional avenues to employees working in different feeder cadres.

g) In pursuanc