Srinagar: The J&K High Court disposed of a plea of an employee of Srinagar Municipal Corporation (SMC) seeking his promotion to the post of Joint Commissioner on the ground of seniority and merit.
SMC Secretary Hilal Ahmad Deewani stated before the court that despite he being the senior most in the administrative wing of the corporation, he is fully eligible and competent to hold the post of Joint Commissioner as is reflected in the seniority list notified vide order 26 November 2016 and as recommended by the SMC in its recommending order dated 14 March 2015.
The petitioner’s Counsel A Chesti submitted that despite court order (dated 6 April 2018) it was directed to the respondents to consider the claim of the petitioner on the strength of his eligibility and also with reference to the judgements mentioned in the said order for his elevation as SMC Joint Commissioner (Administration).
He also submitted that denial of regularization by the respondents on the count that the rules have not been framed by the corporation and can be considered only after revision of Jammu/ Srinagar Subordinate Services Rules of 1990, deferred the regularization/promotion of the petitioner including other subordinate officers of the petitioner without any valid reason or just cause.
He told the court that till date SMC has framed no rules for its in-service employees despite having the power.
On 10 May, the court had ordered respondents to consider the claim of the petitioner on the strength of his eligibility which came to be rejected vide order bearing No. 1786-HUD of 2018.
The Court while dealing with the case said that the petitioner has not challenged the said order and unless the said order is not challenged by the petitioner on the available grounds, no relief can be granted for directing the respondents to consider the petitioner for regularization/ promotion against the post of Joint Commissioner (Adm), Srinagar Municipal Corporation.
“In view of above, both the writ petitions shall stand disposed of with liberty to the petitioner to challenge the order supra if he so chooses. Meanwhile, the respondents shall also settle the claim of the petitioner on the touchstone of law and the rules governing the subject,” Justice Ali Mohammad Magrey directed.

NAZIMA SIDIQ