Jammu: In a significant judgment, Justice Alok Aradhe of Jammu and Kashmir High Court (Jammu Wing) has directed Commissioner/Secretary to Government of J&K, Consumer Affairs and Public Distribution Department, Director CAPD Jammu and Director Vigilance J&K State Vigilance Organization to convene a meeting of the Departmental Promotion Committee and to consider the case of the petitioner as per his seniority, as and when the cases of the Juniors to the petitioner are considered in the meeting of DPC.
These Court directions were passed in a writ petition filed by one Rakesh Kumar Pargal presently posted as supervisor seeking directions to the CAPD to issue formal orders of promotion for the post of senior assistant in view of his seniority as junior assistant w.e.f. 26.10.1987 as juniors to the petitioner were already working as senior assistants.
After hearing advocate Sheikh Shakeel Ahmed appearing for the petitioner whereas senior AAG Seema Khajooria appearing for the state government (CAPD), Justice Alok Aradhe further directed that, “needless to state that in case the petitioner is found entitled to the benefit of promotion, all consequential benefits shall be awarded to him and let this exercise be carried out within a period of three months”.
Advocate Ahmed appearing for the petitioner submitted that the petitioner was admittedly appointed /regularized as junior assistant on 26.10.1987 in the CAPD and in the year 2009 a false/frivolous FIR No. 06/2009 PS VOJ was registered against the petitioner and some more employees of CAPD and after completion of the investigation charge sheet was filed against the petitioner on 08.12.2016.
He further submitted that from the date of registration of FIR upto the filing of the charge sheet, the DPC met twice in which cases of the juniors to the petitioner were considered and they were promoted against the higher posts of Senior Assistants/TSOs/Chief Inspector/Assistant Directors. However, the case of the petitioner was not considered on the ground that the FIR is pending against him.
After considering the submissions of both the sides, Justice Alok Aradhe observed, “between the period from 2009 to 2016, the respondents were under an obligation to consider the case of petitioner for promotion, firstly to the post of Senior Assistant and subsequently to the post of Tehsil Supply Officer, as per his seniority.” However, the case of the petitioner was not considered by the DPC.