• Appointed on Class IV post after clearing Graduate Level Exam for Divisional Post

Department frequently advertises the post of Assistant Storekeeper under division cadre in Kashmir division and Junior Assistants in Jammu Division with minimum qualification set as Graduation, Srinagar & Jammu seem to be working under two different rules. The SRO 78 dated 19/05/1975 defines Assistant Storekeeper as a Class IV post with required minimum qualification as higher secondary (10+2)! At the same time the department hires 10+2 candidates for posts which as per SRO78 needed 8th as minimum qualification!
	The Jammu and Kashmir Civil services Decentralisation and recruitment Act 2010 defines salary and cadres. According to this act the division cadre is defined in the sec 2 (c) as all non- gazetted posts the basic pay of which exceeds the post of senior assistant but does not exceed the basic pay for the post of sectional officer. By this definition the employees appointed on the basis of graduation against a division cadre should have the salary in the range of [deleted]+2400 and [deleted]+4600 but they are paid salary as per [deleted]+1900!

The Department promotes ill qualified officials to Tehsil Supply Officers and Assistant Directors not only in violation of departmental recruitment rules but also the Jammu & Kashmir civil Services (classification, Control and appeal) Rules, 1956 . The Sec 25 the Jammu & Kashmir civil Services rules related to promotions (page58-59) says that when promoting an employee to a higher post seniority should only be considered when merit & ability to the job are approximately equal. A person’s ability to do the job should be given foremost importance. Thus when the department is promoting 8th pass and 10th pass employee to Tehsil Supply Officers and Assistant Directors it is shredding every rule in the rule book!

Now how can the department be held responsible and stopped from doing this injustice to hiqhly qualified employees / candidates?
Asked 7 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

5 Answers

file writ petition in HC against govt to consider merit and ability to do job and not mere seniority in promoting an employee 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

Hello,

The SC clearly says that the merit can not be compromised in any manner. 

You may approach the HC and file a a writ of mandamus. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

File a writ before the Hon'ble J & K High Court to get the relief and you will get the relief.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

The aggrieved person may make a representation in writing to the top authority seeking to redress his grievances.

If this fails to invoke any proper response, the government employee may approach CAT for remedy after that he can approach high court with a PIL

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

You can file a Complaint to the higher officials and if action is not taken then you need to file writ petition in HC.

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer