Excelsior Correspondent
Srinagar, July 21: High Court today observed that the State Government is unnecessarily compelling its employees to knock the doors of court for consideration of their legitimate grievances and no steps have been taken by the State Government to follow the Supreme Court guidelines in this connection.
Hearing a petition filed by the class IV employees working since 1999 in the Forest Department, who are seeking promotion to the next higher post in terms of forest subordinate rules, Justice Ali Mohammad Magrey while allowing their petition directed the Forest Department higher ups to consider their claim for the promotion, observed that the employees are unnecessarily pushed to the courts to seek their grievances like promotions and seniority resulting increasing in the range of litigation in this regard.
Justice Magrey said the authorities were, otherwise, required to perform their constitutional duties with reference to the mandate as constituted in terms of service conditions but it has been observed that the employees are unnecessarily compelled to approach the Court of law for consideration of their grievances.
Court said the unnecessary increasing of litigation resulted in repeatedly asking the Government authorities to ensure the fulfillment of their Constitutional obligations towards its employees.
It is mentioned here that in terms of applicable laws, the Government of J&K has already put in motion a scheme for regulating the service of its employees for the purpose of regulating their pending seniority, promotion, etc.
This scheme, court added, lays down constitution of Departmental Promotion Committees from time to time, whose role is very well defined and they are not just constituted for counting purpose.
Supreme Court in this regard framed and issued various directions and guidelines to all the States of the country to frame such policies so as to achieve the object of minimizing the unnecessary litigation against the States.
“It appears that no effective steps have been taken by the Government of Jammu & Kashmir to ensure implementation of these directions/ guidelines by the Supreme Court”, Justice Magrey said.
Court while closing the writ petition of Forest Department employees with certain directions to the authorities in order to reduce the litigation said, the Court cannot lose sight of the casual approach adopted by the Government authorities in redressing the grievances of its employees working under their control.
“Therefore, while registering such grievance, it is thought proper to avail this opportunity of impressing upon all the departmental authorities, through the Chief Secretary of the State, to ensure the claims of its employees with reference to fixation of seniority, promotion, regulating the transfer and postings, release of post-retiral benefits, etc. are settled and the litigation, in this regard, against the State is minimized”, Justice Magrey recorded.
Court with regard to claim of petitioners in the writ petition said consideration for promotion against the next higher post cannot be withheld/denied by the respondents as the petitioners claim promotion as a matter of right and their right of consideration is the fundamental right which has been guaranteed under constitution of India, denial whereof, amounts to violation of such right.
Court also directed the authorities to consider the promotion of petitioner to the post of forest guard affectively and take decision within a period of two months.
Registry of the court has been directed to send a copy of order to the Chief Secretary as also to the Advocate General for issuing appropriate instructions/ directions to all concerned.
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