Vijay Kumar vs State and others

T.S. Doabia, J.—The petitioner was appointed as Junior Accountant in the Finance Deptt. He was promoted as Senior Accountant in

November, 1986. The petitioner submits that he continued to work with the Finance department till 1990, when he had to migrate from the valley.

He submits that he was attached in the office of respondent2. Further fact which is stated by the petitioner is that in the year 1993, respondent1

took decision to abolish the post of senior accountant and merged it with the post of Jr. Accounts Officer. On happening of this incident, all senior

Accountants were adjusted and appointed as Jr. Accounts Officers. The grievance of the petitioner is that he came to be adjusted as Jr. Accounts

Officer but he was not given the grade because he was treated as migrant. As Jr. Accounts Officer, he was placed in the grade of Rs. 18253250

now revised to 660010450. The grievance of the petitioner is that whereas all the Senior Accountants its were adjusted as Jr. Accounts Officers

were fitted in the grade of Rs. 18253250 now revised to Rs. 6600 10450. But in case of the petitioner, a condition was added that he would get

his grade only if he reports for duty to the place from where he was migrated. For this, reference is being made to order dated 27.2.93. The name

of the petitioner figures at serial No. 1. For facility of reference, this order is reproduced as below:

SFC Order No. 100 of 1993

Dated : 27.2.93.

In the interest of SFC working the following Sr. Accountants are hereby adjusted as Junior Accounts Officers in the pay scale of Rs. 18253250:

Sr. No. Name Present Posting

S/Shri V.K. Mirakhur (presently migrant)

Mohd. Mukhtar Mahajan Head Office, Sgr.

Manzoor Ahmed Naqash do

Parshotam Kumar SubOffice, Jammu.

Naresh Kumar Gupta East Marketing.

In respect of Sr.No. 1, the orders shall have effect from the date he reports for duty to the place wherefrom he has migrated (as per Govt. Order

No. 362 GAD of 1992 dt. 28.4.92)

This order will have effect from 1.3.93.

The incumbents will continue to work at their present place of posting till further orders.

Sd/ Managing Director

J&K State Forest Corpn.

No.Dt. 27.2.1993.

It is this order, which is being challenged inter alia on the grounds that the petitioner was not given any promotion.

As a matter of fact, he was working as Senior Accountant. He came to be adjusted as Junior Accounts Officer, therefore, the question of applying

government order No. 362GAD of 92 issued on 20.4.92 would not arise in the case of petitioner. The petitioner, therefore, submits that he should

be paid the grade of Jr. Accounts Officer i.e. 660010450 w.e.f. the date the order in question is issued.

The respondents have filed counter affidavit. The stand taken is that it is fact that vide order No. 97 of 1993, nomenclature of Jr. Accountants

and Senior Accounts was changed to that of Accountant. It is submitted that not only the nomenclature of Account Asstt. GradeI and Account

Asstts. GradeIII but all the Senior Accountants and Junior Accountants became Accountants. This was because of the change of nomenclature. It

is further submitted that Account Asstt. GradeI and Account Assistant GradeII became Accountants. This was also because of the change in

nomenclature. It is further submitted that senior Accountant also became Accountant, a post above that of Accountant i.e. Jr. Accounts Officer

were created and the five senior accountants which owing to the change of nomenclature, became Junior Accounts Officer in view of the SFC

Order No. 100 dated 27.2.93. In this order itself with respect to the petitioner it was specifically mentioned that the petitioner would continue to

draw the present scale till the petitioner assumes his duties as Junior Accounts Officer that means promotion to the higher of the grade to that of Jr.

Accounts Officer. It is submitted that this condition was rightly imposed. i.e. a condition which is referred to in terms of Government order No.

362GAD of 1992 issued on 20.4.92. A perusal of this order would indicate that this deals with the matter of promotion of such of the State

Government Servants who have migrated from Kashmir division. It is in the case of promotion being given to these employees, benefit of

promotion is not to be given till they join new post. However, this is a case where no promotion order has been passed. It is change of

nomenclature. The nomenclature of Jr. Accountants and Senior Accountants have been changed as Accountant. Again the nomenclature of

Accounts Asstt. GradeI and Account Asstt. GradeII has been changed as Accountant. This has resulted in issuance of letter noticed above. If this

be the position, then the question of petitioner being promoted would not arise. Change of nomenclature cannot be equated with promotion. The

stand taken by the respondents cannot be justified.

In view of the above, this petition is allowed. The petitioner is held entitled to the salary in the pay scale of Rs. 660010450 as claimed by him.

Let this scale be released in his favour within the period of two months from the date copy of this order is made available by the petitioner to the

respondents. In the event of failure to comply with this order, the petitioner would become entitled to the interest at the rate of 9% PA on arrears.

Interest component would be payable by the officer on whose part delay occurs.