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High Court bars inter cadre promotions in J&K Legislative Assembly Secretariat
3/14/2018 11:08:21 PM
Asif Iqbal Naik

Early Times Report
Kishtwar, Mar 14: In a significant development the High Court has barred inter-cadre promotions in J&K Legislative Assembly Secretariat.
As per the details available with Early Times, Justice Mohammad Yaqoob Mir passed the order in a petition filled by the petitioner Rafi Ahmed Wani, Syed Ahmed Wani and Abdul Qayoom Butt. The court directed the Secretary Jammu and Kashmir Assembly to create avenues for promotion of Watch and Ward Staff and Ministerial Staff separately and not to divert posts from one cadre to another cadre and also ordered that no further promotion be made against the post of Marshal and Watch and Ward Officer in Gazetted Cadre except from the relevant cadre.
The order was passed in response to a writ petition filed by employees of Security Wing of Assembly Secretariat who have alleged that that there are no proper service rules governing the service conditions of the non Gazetted employees of J&K Legislative Assembly except the J&K Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules 1959 dealing with the Gazetted cadre only.
In the writ petition it was plead that despite submitting multiple representations and holding discussions with the successive authorities a Committee was constituted by the Speaker Legislative Assembly to examine and dispose of the representations of the W&W Staff which recommended that two gazetted posts with the nomenclature of Watch and Ward Officer and Marshal may be reserved for the watch and ward establishment of the Secretariat, however, due to conflict of interest the authorities deliberately impeded the implementation of the said Committee recommendations and arbitrarily and illegally diverted the posts from one cadre to another cadre and promoted ineligible Section Officers, Senior Reporters, Senior Stenographers and Chief Translator to the post of Marshal and Watch and Ward Officer and blocked the genuine promotion avenues of deserving officials.
It is pertinent to mention here that Department of Law, Justice and Parliamentary Affairs vide its Order No. 934-LD (PAB) of 2010 dated 16.4.2010 asked the Assembly Secretariat to formulate fresh Service Rules and despite of lapse of eight years formulation of Service rules which has not materialized till date.
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