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