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Judgment
The case of the petitioner is as under;
The petitioner were basically working on adhoc basis along with other employees and were regularized as ClassIV employees and are figuring at
Sr. Nos. 23 and 26 respectively in the order contained in annexureA. The petitioners are matriculates and are entitled to promotion to the post of
Basic Health Worker, as per the Rules applicable.
The respondents have not promoted the petitioners to the next higher cadre i.e. Basic Health Worker despite of the fact that posts are lying
vacant. That some juniors have been given the said benefit, but the petitioners have been discriminated.
Respondents have filed reply and have pleaded that petitioners are not entitled to the promotion to the post of Basic Health Worker because of
the fact that petitioners are holding the posts of Nursing Orderlies in the Grade of Rs. 25503200 and belong to ClassIII in the General Unit
Category. While as the post of Basic Health Worker forms Class V category (a) and the mode of recruitment to the said post is provided in the
Jammu and Kashmir Health & Medical (SubOrdinate) Service Recruitment Rules 1992. The post of Basic Health Worker is to be filled by
promotion from Class VI Category (a) having five years experience in that category.
Heard. Admit. With the consensus of learned counsel for the parties, the case is taken up for final adjudication.
It is profitable to reproduce relevant provisions of annexureA of Jammu and Kashmir Health & Medical (SubOrdinate Service Recruitment
Rules 1992 as under;
Class
Category
Designation
Grade
Qualification
Mode of recruitment
Basic
Health Worker
9001830
Matric
100% by Promotion from class VI category (a) having five years experience in that category.
VI
Basic Health Worker (All Discipline
8001500
Matric
100% by promotion from class VIII Categories (a) and (b) subject to havi
ng passed Matriculate examination.
VIII
Field Worker
630940
Middle
100% by direct recruitment
Arabic Teacher
630940
Middle trained in line
100% by direct recruitment
It is profitable to reproduce the pay scales provided by the Revised
Pay Rules of 1992 and 1998 as under;
s.no.
Pay Scale 1987
Revised Pay Scale1992
Revised Pay Scale1996
i.
630940
75012870EB14940
2550552660603200
2.
8001500
950201150EB251500
3050753950804910 (improvised)
3.
9001830
1200301560EB402040
40001006000
7.Thus employees, who are holding the posts as Basic Health Workers (All discipline) in the revised grade of Rs, 30504910 (Rs.8001500), can
be promoted as Basic Health Workers in the revised grade of Rs. 40006000 (Rs.9001830), as referred hereinabove. The petitioners herein are
not falling in the said class and categories. Thus are working in the grade of Rs.25503200 (Rs.630940), thus cannot claim promotion to the post of
Basic Health Worker. The Class VIII is not a feeding cadre for promotion to the post of Basic Health Worker.
In view of the above said facts, the petitioner cannot claim promotion to the post of Basic Health Worker in the grade of Rs. 40006000.
Accordingly the writ petition is dismissed along with all connected CMP(s). Interim direction, if any, shall stand vacated.