STATE TIMES NEWS
JAMMU: Justice Alok Aradhe of Jammu and Kashmir High Court (Jammu Wing) on Wednesday directed Commissio-ner/Secretary to Government of J&K, Consumer Affairs and Public Distribution Department, Director CAPD Jammu and Director Vigilance J&K State Vigilance Organisation to convene a meeting of the Departmental Promotion Committee and to consider the case of the petitioner as per his seniority, as and when the cases of the juniors to the petitioner are considered.
These Court directions were passed in a Writ Petition filed by Rakesh Kumar Pargal presently posted as Supervisor, FCI Godown, Udhampur seeking directions to the CAPD to issue the formal orders of promotion for the post of Senior Assistant, Tehsil Supply Officer and Chief Inspector/Assistant Director in view of his seniority as Junior Assistant with effect from October 26, 1987 as juniors to the petitioner were already working as Senior Assistants, Head Assistants, Tehsil Supply Officers, Chief Inspectors and Assistant Directors. After hearing Advocate Sheikh Shakeel Ahmed with Advocate Sheikh Najeeb Ashraf appearing for the petitioner whereas Senior AAG Seema Khajooria Shekhar appearing for the State Government (CAPD), Justice Alok Aradhe directed that in case the petitioner is found entitled to the benefit of promotion, all consequential benefits shall be awarded to him within three months.
Advocate S.S. Ahmed appearing for the petitioner submitted that the petitioner was admittedly appointed /regularised as Junior Assistant on October 26, 1987 in the Consumer Affairs and Public Distribution Department and in the year 2009 a false/frivolous FIR No. 06/2009 PS VOJ was registered against the petitioner and some more employees of CAPD and after completion of the investigation charge sheet was filed against the petitioner on December 8, 2016.
Advocate S.S. Ahmed further submitted that from the date of registration of FIR upto the filing of the charge sheet, the DPC met twice in which cases of the juniors to the petitioner were considered and they were promoted against the higher posts of Senior Assistants/TSOs/Chief Inspector/Assistant Directors. However, the case of the petitioner was not considered on the ground that the FIR is pending against him.
After considering the submissions of both the sides, Justice Alok Aradhe observed that between the period from 2009 to 2016, the respondents were under an obligation to consider the case of petitioner for promotion, firstly to the post of Senior Assistant and subsequently to the post of Tehsil Supply Officer, as per his seniority, however, the case of the petitioner was not considered by the DPC.
