The Jammu & Kashmir High Court has delivered a landmark judgment in a case involving municipal committee employees. This judgment holds immense significance as it grants retrospective promotion to the petitioners, setting a unique position in Indian service jurisprudence. The decision was made by Hon’ble Mr. Justice Rajnesh Oswal.
Facts of the Case
The case revolved around a group of petitioners who were municipal committee employees and had undergone training to become food inspectors. Upon completing the training course, they became eligible for adjustment as Food Inspectors. Initially, they were appointed as In-charge Food Inspectors pending clearance by the Departmental Promotion Committee. Subsequently, they were officially appointed as Food Inspectors by a government order issued under the Prevention of Food Adulteration Act.
However, one of the employees, Naeem Rizvi, filed a petition seeking regularization as a Food Inspector and promotion to the post of Executive Officer. The court, in an earlier order, directed the authorities to confirm Rizvi as a Food Inspector and consider his promotion. This order was subsequently confirmed by the Division Bench in an appeal.
Viewfinder
In a significant turn of events, the court, in its recent judgment, granted retrospective promotion to the petitioners. It directed the government to provide promotion to the petitioners with retrospective effect within a period of 8 weeks, which is an exceptional decision in Indian service jurisprudence. This retrospective promotion will enable the petitioners to receive the benefits associated with their promoted positions from the relevant dates.
The court emphasized the principle of equal treatment among similarly situated individuals and criticized any form of discrimination. It further observed that the previous judgments confirming the eligibility of Naeem Rizvi as a Food Inspector laid the foundation for treating the petitioners on an equal footing. The court highlighted the need for fairness and reasonable treatment by the authorities towards their employees.
Observations
The judgment of the Jammu & Kashmir High Court marks a significant milestone in Indian service jurisprudence. By granting retrospective promotion to the petitioners, the court has set a unique precedent that ensures fairness and non-discrimination in the employment sector. The government has been directed to implement the promotion within a specific timeframe of 8 weeks, providing the petitioners with their rightful entitlements.
The judgment, which is reportable, serves as an important precedent in ensuring equal treatment and non-discrimination among municipal committee employees.
Lawyers
The case was argued by Mr. Arif Sikander Mir, on behalf of the petitioners, and Mr. Mohammad Rais-ud-din Ganai, Dy. AG, represented the respondents.
Judgement
Tahir Sidiq Gujri has contributed to reporting this story.
