Syed Arshid Tramboo vs State Of J&K And Other

Sanjeev Kumar, J

The petitioner came to be appointed as Assistant Works Manager in the Jammu & Kashmir State Road Transport Corporation (hereinafter referred to as “the respondent-Corporation”) vide appointment letter dated 20.06.1988. He was accorded promotion as Works Manager on 02.11.1999. This was done on the basis of recommendations made by the Departmental Promotion Committee and approval granted by the Chairman of the respondent-Corporation. The petitioner, who was entitled to the next promotion of Deputy General Manager in terms of the Rules in vogue, was considered only for his adjustment as Incharge Deputy General Manager (Maint) in his own pay and grade in terms of order No.06/JKSRTC/MD/PS/Sgr dated 28.07.2007 issued by the Managing Director of the Corporation. The petitioner approached the respondent- Corporation by way of his representations made on 12.04.2008, 13.05.2008 and 17.01.2009 but the request of the petitioner for confirming his promotion as Deputy General Manager was not acceded to. However, officiating allowance for holding the post of Deputy General Manager (Maint.) was granted by the respondent-Corporation vide order No.JKSRTC/MD/906 dated 04.09.2010.

While the petitioner was representing for his confirmation as Deputy General Manager and consequent promotion to the post of General Manager, which was lying vacant, the respondent-Corporation vide its communication dated 26.11.2015 requested respondent No.1 for appointment of one Abdul Hamid Wani, a Drilling Engineer in Geology and Mining Department of the Government as General Manager on deputation. This communication dragged the petitioner to litigation and he filed the instant petition.

In this petition, the petitioner apart from throwing challenge to the impugned communication dated 26.11.2015, has also prayed for a direction to the respondent-Corporation to confirm his promotion as Deputy General manager w.e.f. 28.07.2007 i.e. the date when he was eligible and was assigned the charge of the said post, with all consequential benefits. The petitioner also claims his further promotion to the post of General Manager w.e.f. 28th July, 2012 as per the J&K State Road Transport Corporation Recruitment Regulations, 2013 [“Regulations of 2013”].

The respondent-Corporation has filed its reply affidavit and contests the claim of the petitioner contending, inter alia, that the promotion to the post of Deputy General Manager and General Manager in the respondent-Corporation is regulated by the Regulations of 2013, which came into force w.e.f. 11.02.2013. It is submitted that in terms of the said Regulations, post of Deputy General Manager is required to be filled up from eligible categories including categories of Works manager with seven years experience. In the year 2007 when the post of Deputy General Manager fell vacant due to elevation of one Sh. Suhail Ahmad Khan to the post of General Manager, Regulations of 2013 were not in place and, therefore, the petitioner was placed as Incharge Deputy General Manager (Maint.) vide order dated 28.07.2007 followed by release of charge allowance in his favour w.e.f. 01.09.2010. It is submitted that in the order dated 28.07.2007, it was specifically mentioned that petitioner’s placement as Deputy General Manager (Maint.) was in his own pay and grade and without conferring any right to claim promotion on substantive basis. Said order was unconditionally accepted by the petitioner and after the promulgation of Regulations of 2013, the petitioner along with other officers was considered by the Board of Directors in its meeting held on 11.08.2016 and the petitioner was recommended for promotion to the post of Deputy General Manager. The matter has been sent for vigilance clearance and the formal order of promotion of the petitioner would be passed immediately after the vigilance clearance qua the petitioner is received. It has also come on record that the petitioner, who was working as Deputy General Manager (Maint) was also ordered to look after the work of General Manager Mech/P&S vide order No.361 of 2015 dated 08.12.2015 issued by the Managing Director of the respondent-Corporation.

Heard learned counsel for the parties and perused the material on record.

Factual foundation laid by the petitioner in the petition to claim the reliefs prayed for in this petition is not seriously disputed by the respondent-Corporation. Admittedly, the petitioner who was holding the post of Assistant Works Manager in the respondent-Corporation on substantive basis was promoted as Works Manager on 02.11.1999 and was given the charge of Deputy General Manager (Maint.) by the Managing Director of the respondent-Corporation on 28.07.2007. This assignment of charge was in his own pay and grade, on temporary basis, and without conferring any right to claim substantive promotion. It is also not in dispute that at the relevant point of time i.e. 28.07.2007, the petitioner was senior most Works Manager entitled to further promotion as Deputy General Manager. There is no denying the fact that in the year 2007 when the petitioner was placed as Incharge Deputy General Manager (Maint.), the Recruitment Rules of 1986 were in vogue and in force. As per the Recruitment Rules of 1986, Works Manager was placed in category B of Class-V in the Schedule and was entitled to be promoted as Deputy General Manager (O), Deputy General Manager (E)/Secretary Corporation. The petitioner was, however, not entitled to be promoted as Deputy General Manager (Maint.). It appears that due to non-availability of post in the line of his promotion, the petitioner was directed to hold the charge of the post of Deputy General Manager (Maint.) to which the petitioner was otherwise not eligible to be promoted as per the Recruitment Rules of 1986. The relevant extract of Schedule is reproduced hereunder:-

Class

Catego ry

Grade

Designation of the post

Qualification for Direct Rectt.

Qualification

for Rectt. By promotion

Method of recruitment

Ratio

IV

A

B

1350-

2150

Dy. Gen. Manager (O) Dy. Gen. Manager(E) Secy.

Corporation

By selection from Class(V) Category “B”

1350-

2150

Dy. Gen. Manager(M)

By selection from class (V) category “A” with 5 years experience in

Class V

V

A

B

835-

1510

Traffic Manager Manager Pass, Services MTS Manager Estates Manager, Admn

P.F.O.

Labour Officer

Graduate with diploma in management from recognized institute with 3 years experience

5 years

experience AMTS, AMBS, D.M. & T.C.O

Direct/Promotion

25:75

Manager(P&S) Manager BBS Purchase Officer

Works Manager

Degree/Diploma in Auto Engg. From an

institute recognized b

G.O.I with 3 yrs experience

5 yrs

experience as AWM,

Ind.Enggr. Foreman/Stores Officer

-do

25:75

Be that as it may, the petitioner continued to work as Deputy General Manager (Maint) in incharge capacity and while he was continuing, the respondent-Corporation approved and promulgated the Regulations of 2013 vide notification No.JKSRTC/MD/PS/038-A dated 11.02.2013. As per the schedule appended to the Regulations of 2013, the post of Works Manager was put in category-A of Clause VI and the post of Deputy General Manager (Maint./P&S)/Cargo/Adm/PRO-cum-Protocol officer etc was indicated in category-A of Class-V and was provided to be filled up by selection from class-VI category A&B with minimum seven years experience as Traffic Manager/Works Manager/Manager (Finance). Relevant portion of the Schedule of the Regulations of 2013 is reproduced hereunder:-

Clas s

Cate gory

Designation

Pay Band with Grade pay

Mini mum qualif icatio n for Direct Recru itmen

t

Qualification for

Recruitment by Promotion

Method of Recruit ment

Ratio of

Recruitment

Direct or

Promot ion

xxx

xx

xxx

x

Xxxxxx

Xxxx

Xxxx

Xxxxx

Xxxx

Xxx

Xx

IV

General Manager G.M.(Admn)

G.M.(Ops) Kmr G.M.(Ops) Jammu G.M.(Cargo Ser.)

G.M. (Mech/P&S)

15600-

39100

By selection from Class V Category A with minimum five years experience

By promotio n

100%

V

A

Dy.G.M.

-DSU(Kmr)

-TSD(Jammu)

-Cargo(Jammu Maint/P&S(Kmr) Maint/P&S(Jmu)

-Adm/PRO-cum- Protocol Officer (Kmr)

9300-

348000

By selection from Class VI Category A&B with minimum

7 years experience as Traffic

Manager/Works Manager/Manager (Finance)

By promotio n`

100%

From the above, it is clear that the petitioner, who on the date of promulgation of Regulations of 2013 i.e.11.02.2013 was having more than seven years’ experience as Works Manager, was entitled to be promoted as Dy. General Manager (Maint.), which post he was holding in incharge capacity since 28.07.2007. It may be pertinent to note that the petitioner has not been able to bring on record any document or material to show that the post of Deputy General Manager(O)/Dy. General Manager (E) or Secretary Corporation to which the petitioner was legitimately entitled under the Recruitment Rules of 1986 ever became available after 28th July, 2007 till 11.02.2013 (the date of issuance of Regulations of 2013).

In these circumstances, this Court is left with no option but to presume that the petitioner, though entitled to promotion as Deputy General Manager under the Recruitment Rules of 1986 could not be promoted as Deputy General Manager due to non-availability of the relevant post. Nonetheless in terms of Regulations of 2013, the petitioner, who was possessing experience of more than seven years as Works Manager, became entitled to be promoted as Deputy General Manager immediately on their promulgation. This is so because the petitioner was already holding the post of Deputy General Manager (Maint.) for which post the petitioner became eligible and entitled to only under the Rules of 2013. The petitioner is, thus, held entitled to substantive promotion as Deputy General Manager (Maint.) w.e.f. 11.02.2013 with all consequential benefits.

This brings me to the determination of entitlement of the petitioner to be promoted as General Manager in the Corporation. As is apparent from the additional documents placed on record by the petitioner and is otherwise borne-out out from the record produced by Mr. Haqani, that, as per Regulations of 2013, the petitioner is entitled to be promoted as General Manager after acquiring minimum five years experience in Class-V Category-A i.e. category of Deputy General Manager. Since this Court has held the petitioner entitled to his substantive promotion as Deputy General Manager (Maint.) w.e.f. 11.02.2013, therefore, the petitioner attained his eligibility to be promoted as General Manager only on 11.02.2018. Since the petitioner was eligible and that the post of General Manager was available and the petitioner was already looking after the charge, as such, the petitioner would be entitled to his regular promotion as General Manager w.e.f. 11.02.2018 with all consequential benefits.

For the foregoing reasons, this petition is allowed and the petitioner is held entitled to the promotion as Deputy General Manager (Maint.) in the respondent-Corporation w.e.f. 11.02.2013 and as General Manager w.e.f. 11.02.2018 with all consequential service benefits. Let the respondents consider the case of the petitioner in the light of observations made herein above and pass appropriate orders of substantive promotion of the petitioner as Deputy General Manager(Maint) and General Manager respectively w.e.f. the dates indicated above and release all consequential benefits, if any, in his favour within a period of two months from the date copy of this judgment along with paper book is served upon the Managing Director of the respondent-Corporation.. This is, however, subject to the petitioner’s fulfilling other requirements of promotion as per Rules.

Record produced by Mr. Haqani, learned Senior Counsel be returned back.