SRINAGAR: The Jammu and Kashmir High Court on Friday directed state authorities to consider promotion of Class IV employees working as orderlies since 1999 in the Forest department for the post of Forest Guards in tune with eligibility conditions within a period of two months.
A single bench of Justice Ali Mohammad Magrey directed that the respondents consider the case of the petitioners for promotion against the post of Forest Guards along with other eligible employees in tune with the mandate of the relevant recruitment rules as detailed in the body of the order.
“Consideration shall be affected and decision be taken within a period of two months from the date certified copy of the order is served upon the respondents. Registry to send down a copy of this order to the Chief Secretary of the Government of J&K as also to the Advocate General of the State for issuing appropriate instructions/directions to all concerned,” the court said.
Syed Faisal Qadri, counsel appearing for the petitioners, had submitted before court that in terms of the “J&K Forest Subordinate Service Recruitment Rules”, the petitioners are entitled for consideration of promotion against the next higher post of Forest Guards, subject to eligibility.
“The consideration for promotion against the next higher post cannot be withheld/denied by the respondents. Petitioners claim promotion as a matter of right, and their right of consideration is the fundamental right which has been guaranteed under constitution of India, denial whereof, amounts to violation of such right,” counsel Qadri had argued.
The Court remarked that we cannot lose sight of the casual approach adopted by the government authorities in redressing the grievances of its employees working under their control, therefore while registering such grievance, it is thought proper to avail this opportunity of impressing upon all the departmental authorities, through the Chief Secretary of the State, to ensure the claims of its employees with reference to fixation of seniority, promotion, regulating the transfer and postings, release of post-retiral benefits, etc. are settled and the litigation, in this regard, against the State is minimised.