Excelsior Correspondent
JAMMU, Apr 29: Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice B S Walia today disposed of all the petitions filed by the staff of computer wing of the High Court and set-aside the judgment of Writ Court.
The LPA was filed against the judgment of Writ Court whereby it quashed the adjustment as Deputy Registrar (Computer) of Nisha Saraf and also directed Register General to initiate process for filling up the available promotional posts in the Computer Section of the Service from amongst the candidates eligible in terms of the Rules by following the mode and manner of promotion as indicated in Order No.579 dated 24.10.2008 for its completion before March 01, 2013.
The Writ Court had also directed to examine within the time stipulated the authenticity and validity of the diplomas possessed by the petitioners and respondents to find as to whether or not they possess State Government recognized Diploma in Computer Application or any other recognized qualification in terms of Order No.579 dated 24.10.2008 and whether they are eligible for promotion.
While setting-aside the judgment of Writ Court, Division Bench observed, “Single Judge has not noticed the qualification prescribed for Data Entry Operators, as was prescribed by the Chief Justice in exercise of Rule 6 of the 1968 rules and issued under the order dated 04.07.2001 and the qualification prescribed for Data Entry Operators did not include diploma”.
“Director Technical Education has made it clear that there is no institute recognized in the State for issuing diploma in computer application and this important position has not been taken note of”, the DB said, adding “the Data Entry Operators who were appointed on the basis of prescribed qualification in the year 2001 and prior thereto will be deprived of any promotion chance if the diploma in computer application as appeared in the Order No.579 is taken to require recognition by the State Government”.
“The observation of Single Judge that the Order No.579 does not take away in any manner, whatsoever, any vested right of the respondents for consideration to promotion in the afore-stated circumstances is not correct, as the right of promotion is totally getting negative”, the DB said, adding “the facts and circumstances of the case would suggest that the adjustments made were purely by way of arrangement and in view of non availability of the employees from the feeding channel”.
“It is in the same background, the Judges’ Committee had prepared the report based on which qualification, mode and method was prescribed by the Chief Justice in exercise of power under Rule 6 of the 1968 Rules and it is also Judges’ Committee who had prepared the promotion/adjustment order which was approved by the Chief Justice”, the DB said.
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