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news details
HC directs to end adhoc arrangement and convene DPC for promotion of Junior Assistants
8/4/2018 11:22:15 PM
Early Times Report

Jammu, Aug 4: In a significant order, Justice Sanjeev Kumar of Jammu and Kashmir High Court (Jammu Wing) has directed Commissioner/Secretary to Government of J&K, School Education Department, Director School Education Jammu and Chief Education Officer Ramban to convene a meeting of the Departmental Promotion Committee for considering the cases of Class-IV employees of Education department borne on district cadre Ramban for promotion to the post of Junior Assistant including the case of the petitioner and further directed that the result of the DPC shall be conveyed to the court in the reply filed by or before next date of hearing.
These Court directions were passed in a Writ Petition filed by Shakeel Ahmad Prahnu seeking directions to the department to stop ad hocism and convene DPC for the promotion of eligible class-IV employees of district Ramban who have qualified the requisite type test but have been ignored arbitrarily and on the other hand the respondents are resorting the adhocism.
After hearing Advocate Irfaan khan for the petitioner Justice Sanjeev Kumar further directed that, "adhoc arrangement wherever made by the respondents from amongst the class-IV employees, who have not qualified the type test shall also come to an end by the next date of hearing".
Advocate Irfaan appearing for the petitioner submitted that the petitioner was eligible for promotion to the post of Junior Assistant since 2016 from the date he qualified the type test interms of J&K School Education (Subordinate) Recruitment Rules, 2008 but despite that the respondents have not promoted the petitioner and in violation of Rule 25(4) of J&K CCA, Rules 1956 the respondents are allowing the incharge arrangement to continue which is also violative of the law settled by the Apex Court in Suraj Prakash Gupta's case.
After considering the submissions Justice Sanjeev Kumar observed it is apparent that respondents have resorted to ad hocism and have promoted several unqualified Class-IV employees as Junior Assistants in their own pay and grade and have ignored the eligible Class-IV employees like the petitioner who have qualified the type test and are awaiting promotions. and accordingly directions were issued to the respondents to convene a meeting of the Departmental Promotion Committee by or before next date of hearing and to consider the case of the petitioner also and the result of the same be submitted before the court. Further the Court directed to stop the adhoc placement of ineligible Class-IV employees who have been placed as Junior Assistant by the next date of hearing. (JNF)
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