19 I/c Naib-Tehsildars challenge Rule 20 of J&K Civil Services Decentralization and Rectt. Rules, 2010
Follow rules for promotion to post of NT: HC directs Fin Comm (Rev)
STATE TIMES NEWS
JAMMU: Justice Mohammad Yaqoob Mir of Jammu Kashmir High Court (Jammu Wing) on Monday directed Financial Commissioner (Revenue) J&K Government to strictly follow the relevant rules and the position of the seniority while considering the cases for promotion to the post of Naib-Tehsildar (NT) and issued notices to Commissioner/Secretary to Government of J&K General Administration Department, Commissioner/ Secretary to Government of J&K Law Department, Commissioner/Secretary to Government of J&K Revenue Department, Financial Commissioner (Revenue) J&K, Divisional Commissioners Jammu/Kashmir returnable by or before the next date i.e. February, 21, 2018.
The court direction came in a writ petition filed by 19 Incharge Naib-Tehsildars of Jammu Division challenging Rule 20 of Jammu and Kashmir Civil Services Decentralization and Recruitment Rules, 2010.
Advocate Sheikh Shakeel Ahmed along with Advocate Sheikh Najeeb Ashraf appeared in the aforesaid writ petition titled Mohammad Salim and others versus State of J&K and others.
Advocate Ahmed submitted that the post of Naib-Tehsildar is a State Cadre post and promotion to the said post is to be made from amongst the confirmed Girdawars of both Jammu and Kashmir Divisions.
While inviting the attention of the Court towards Rule 20 of Jammu and Kashmir Civil Services Decentralization and Recruitment Rules, 2010, Advocate Ahmed submitted that by virtue of aforesaid Rule while making promotions from the Divisional Cadre posts to the State Cadre posts, the competent authority shall allocate to each Division such number of posts as the ratio and proportion of the cadre strength of each Division bears to the total strength of the State Cadre concerned.
He submitted that the Rule 20 is per se illegal and ultra-vires the constitution as it takes away the soul and purpose of State Cadre as this Rule talks by allocating a State Cadre post to the Divisions which is not permissible under law.
Advocate S.S. Ahmed further submitted that for promotion to the State Cadre post of Naib-Tehsildar the Department is required to prepare a combined seniority list of Girdawars of both the Divisions which in fact was done by the Financial Commissioner Revenue vide No.FC(A)84-II/Misc/83 dated February, 28, 2014 and accordingly the promotions to the post of Naib-Tehsildar has to be made from amongst the Girdawars of both the Divisions as per their seniority and further submitted that appropriate directions are required to be issued to the Financial Commissioner (Revenue) to hold DPC for promotion to the available posts of Naib-Tehsildars after picking up the senior Girdawars out of the seniority lists maintained at State Level.
