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| HC upholds reversion of petitioner from post of Head Assistant | | | early times report
Jammu, May 2: Justice JP Singh of Jammu and Kashmir High Court Jammu Wing in a petition challenging the reversion of her from the post of Head Assistant without affording her opportunity of hearing, dismissed the petition.
The petitioner, a Senior Assistant in the office of General Manager Ranbir Government Press, Jammu was adjusted as Head Assistant temporarily without any Charge Allowance vide Office Order No. 104 dated June 22, 2009. She was, however, later allowed Charge Allowance despite her not qualifying the Secretariat Assistant Course. Passing of the Secretariat Assistant Course being essential under Rules governing the Service, she was reverted as Senior Assistant, the post substantively held by her, for her failure to qualify the Secretariat Assistant Course, though she attempted twice. She approached the Court questioning General Manager, Ranbir Government Press, Jammu's Order No. 422 dated January 1, 2011 whereby she was reverted as Senior Assistant and respondent adjusted as Head Assistant. The petitioner challenged the same on the ground her reversion without affording her opportunity of hearing, was illegal.
Justice JP Singh after hearing both sides observed in terms of the Rules in force governing the method of recruitment to the post of Head Assistant in different Departmental Subordinate Service Recruitment Rules, as amended vide SRO 272 of September 19, 2008, a Senior Assistant can be considered for promotion as Head Assistant only if he had qualified the Secretariat Assistant Course. Passing of the Secretariat Assistant Course is, however, not essential eligibility condition in case of those Senior Assistants who had crossed 50 years of age as on 1st day of January of the year in which promotions were contemplated. The petitioner's plea that she was promoted as Head Assistant and could not, therefore, be reverted without providing her opportunity of hearing proceeds on a misconception. Court further observed that In this view of the matter, having not been promoted substantively as Head Assistant and even otherwise being ineligible for promotion as such, having failed to qualify the Secretariat Assistant Course, which position was not controverted by the petitioner s learned counsel, the petitioner's Claim to promotion as Head Assistant is untenable. (JNF) |
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