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Judgment
1 In this petition, the petitioner has, inter alia, prayed for the following reliefs:-
i. Issue an appropriate writ, order or direction directing the respondents to properly adjust the petitioner as a Pharmacist in terms of directions passed by this Court in SWP 896/1998 decided on 12.03.2001 and SWP 1676/05 dated 26.05.2006 and order dated 08.02.2006 passed in SWP No. 2044/2006.
ii. To direct the respondents to release the Charge allowance of
the petitioner against the post of Pharmacist from May 2006 till dated.
2 Learned counsel for the petitioner fairly states that, with the latter development i.e. the regular promotion of the petitioner as Jr. Pharmacist ordered by the Director Health Services, Jammu vide its No.Es/5/NG/DDPC/438-39 dated 08.03.2008, the first relief, i.e. the adjustment of the petitioner as Pharmacist has been rendered infructuous as the petitioner has now been regularly promoted as Jr. Pharmacist in the pay scale of Rs.4000-6000 (pre-revised). He, however, submits that the petitioner came to be adjusted as Pharmacist in his own pay and grade in Sub Centre Bawa Ardimarg against an available vacancy by respondent No.2 vide its order No. Es-5/NG/5019-22 dated 14.06.1997 and, that the petitioner continued to perform the duties of Pharmacist in the in-charge capacity, though holding the post of Nursing Orderly on substantive basis.
3 Learned counsel for the petitioner submits that the petitioner was considered for regular promotion only in the year 2008 and vide order dated 08.03.2008 (supra) he was given substantive promotion to the post of Jr. Pharmacist. It is, thus, submitted that the grievance of the petitioner that subsists in this petition is only with regard to his entitlement to the charge allowance for officiating against the higher post of Pharmacist.
4 Having heard learned counsel for the parties and perused the record, it is seen that the petitioner, after having successfully undergone Pharmacist training for which he was deputed by the respondents, was adjusted against the higher post of Pharmacist, though in his pay and grade. He appears to have been continued as in-charge Pharmacist from time to time till his services were regularized. That being so, the claim of the petitioner for charge allowance for officiating against higher post cannot be ignored.
5 In these circumstances, this petition is disposed of by providing that respondent No.2 i.e Director Health Services, Jammu shall verify the record/service particulars of the petitioner and shall consider the grant of charge allowance in his favour as permissible under Article 85 of J&K CSR Volume-I for the period, the petitioner has performed the duties of higher post i.e Pharmacist under the orders of the competent authority. Let the case of the petitioner for payment of charge allowance be considered by respondent No.2 on the touchstone of J&K CSR and appropriate order be passed within a period of six weeks from the date a certified copy of this order is served upon him.