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Consider rules, seniority for promotions to Naib-Tehsildar posts: HC to FCR

Excelsior Correspondent

JAMMU, Jan 1: 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, High Court has directed that in case Financial Commissioner (Revenue) contemplates to consider the cases for promotion to the post of Naib-Tehsildar relevant rules and the position of the seniority shall be strictly followed.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Sheikh Najeeb Ashraf appearing in a writ petition filed by 19 Incharge Naib-Tehsildars, Justice Mohammad Yaqoob Mir issued notices to Commissioner Secretary General Administration Department, Commissioner Secr-etary Law Department, Commis-sioner Secretary Revenue Depar-tment, Financial Commissioner (Revenue), Divisional Commis-sioners of Jammu and Kashmir returnable by or before the next date— February, 21, 2018.
It was submitted that the post of Naib-Tehsildar is a State cadre post and promotion to the 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 this 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.
“The Rule 20 is per se illegal and ultra-vires the Constitution as it takes away the soul and purpose of State cadre as the Rule talks by allocating a State cadre post to the divisions which is not permissible under law”, Advocate Ahmed said, adding “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 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”.
“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 divisional level”, he said.
After considering the submissions of Advocate S S Ahmed, Justice Mohammad Yaqoob Mir directed that in case Financial Commissioner (Revenue) contemplates to consider the cases for promotion to the post of Naib-Tehsildar relevant rules and the position of the seniority shall be strictly followed.

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