AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
By Hon’ble Mr. Anand Mathur, Member (A)
Mr. Aariv Javed Kawoosa, learned counsel for the applicant and Mr. Muzaffar Kirmani, learned counsel for the respondents are present.
Learned counsel for the applicants submits that vide impugned order dated 26.03.2022, the respondents have called 28 candidates for typing test for promotion to the post of Incharge Junior Assistant. As may be seen from the list except for Sl No. 1 to 6 all the other candidates are Helpers and not Orderlies. He further states that as per the recruitment rules in vogue the method of recruitment for the post of Junior Assistant is as follows:
“ i) 75% by direct recruitment.
ii) 25% by promotion from Matriculate Orderlies/ Jamadar having at least three years service as such, on the recommendation of DPC, who qualify type test requiring a minimum speed of 25 words per minute in order of seniority.
Provided that a person appointed by direct recruitment or by promotion shall undergo and qualify the Secretariat Assistants Examination/ Training during the period of probation.”
As may be seen from the above, 25% promotion quota is to be filled from amongst Matriculate Orderlies/ Jamadars who have at least three years service as such who qualified the Type Test and are recommended by the DPC.
It is clearly discernible from this that the category of the Helpers is not included in the recruitment rules and the impugned order has been incorrectly issued wherein Helpers have also been included.
Learned counsel for the applicants further pleads that in view of the above, the respondents may be directed to consider the representation of the applicants along with the contents of this O.A and dispose of the same by passing a speaking order within a time frame. Till such time, the impugned order may not be acted upon.
Learned counsel for the respondents states that the applicants have been duly called for the test and their promotion is being processed, therefore, they cannot contest the impugned order as per which their own case of promotion is under process.
On hearing both the sides it is felt that there is no point in keeping this O.A. pending and the respondents are hereby directed to consider the representation, if any, made by the applicants along with the averments made in the present O.A. and dispose of the same by passing a Reasoned and Speaking order within a period of 15 days from today. The respondents are further directed that till such time the speaking order is passed, action on the impugned order dated 26.03.2022 shall not be taken. A copy of the speaking order so passed be provided to the applicants.
With the above directions the O.A. stands disposed of.
It is made clear that I have not entered into the merits of this case.
No order as to costs.