HC dismisses petition seeking promotion of Director Youth Services
14/04/2019
JAMMU, April 13: In a petition filed by Madan Lal seeking quashment of Government Order No. 137-Edu (Tech) dated 07.07.2014 vide which the case of the petitioner for promotion as Director, Youth Services and Sports Department, J & K, was rejected as pre-mature. Justice Rajesh Bindal of J&K High Court Jammu Wing after hearing both the sides dismissed the petition with observations that during the pendency of the present petition, two developments took place. Firstly, vide Government order dated 02.04.2016 cadres were rationalized.
Post of Director, Youth Services and Sport, State of J&K, was added in the Special Scale Cadre of KAS. As on that date, the petitioner was still substantively working as Assistant Director as his subsequent promotions on Incharge basis had not been regularized. It was only vide Government order dated 22.11.2018 that the promotion of petitioner was regularized as Deputy Director with effect from 12.01.2017 and as Joint Director with effect from 01.01.2011. However, prior to that date, the post had already been ear-marked to be filled up only by the Special Scale Cadre Officers of KAS.
The case of the petitioner was that he appointed as District Youth Services and Sports Officer vide Government Order dated 07.07.1987. Vide order dated 17.11.1992, he was promoted as Assistant Director on temporary basis and the promotion was regularized vide order dated 17.10.2000.
The promotion as Assistant Director was given retrospective effect from 01.11.1992 vide order dated 24.06.2004. Vide order dated 24.11.2003, the petitioner was transferred and posted as Divisional Youth and Service Sports Officer, Jammu. Aforesaid post was upgraded to the level of Deputy Director, vide Government Order dated 13.11.2006. Vide order dated 28.01.2011, the petitioner, who was working as Incharge Deputy Director (Central) was placed as Incharge Joint Director with effect from 01.01.2011. Justice Rajesh Bindal after hearing both the sides observed that 7. The petitioner in the present case is seeking promotion to the post of Director, Youth Services while praying for setting aside of order dated 07.07.2014 (Annexure - K) vide which his claim for same was rejected. The Rules govern the post of Assistant Director, Deputy Director, Joint Director and Director in the Youth Services and Sports.
8. Petitioner was appointed as District Youth Services and Sports Officer vide Government Order dated 07.07.1987 and in terms of order dated 17.11.1992, he was promoted as Assistant Director on temporary basis. This promotion was regularized only vide order dated 17.10.2000. The promotion as Assistant Director was given retrospective effect from 01.11.1992 vide order dated 24.06.2004.
By order dated 24.11.2003, the petitioner was transferred and posted as Divisional Youth and Service Sports Officer, Jammu.
Aforesaid post was upgraded to the level of Deputy Director, vide Government Order dated 13.11.2006. Vide order dated 28.01.2011, the petitioner who was working as In-charge Deputy Director (Central) was placed as In-charge Joint Director with effect from 01.01.2011. JNF
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