Legal Notice .Class IV FPF .... Promotion...July 12

Te;; {o} 0194-2450218 [M] 9797265655
Jalil Andrabi & Co .....Attorneys

at law
7/2.Hotel Taj Complex, Auqaf Building Budhsah Chowk Srinagar 19001
Bilquees Jabeen
Advocate
Ref No; JAC/ 12/07//LN/ SER/01
Dated; 19. 07. 2012
To
Commissioner /Secretary to Govt
Forest Department, Civil Secretariat
Srinagar
In re: Legal Notice on behalf of Class –IV employees of Forest Protection Force for removing stagnation and
and settlement of their cases for fixation of seniority and promotion
Dear Sir,
Upon instructions from our client Mohammad Akbar Sheikh working as I/c Head
Assistant in the office of the Revenue Officer PDD Unit -2 Bijbehara, We hereby serve upon
you this legal notice, with the advice to please take note of the grievance of your employee
regarding fixation of his seniority at its proper/due place on the basis of his date of joining
and length of service . Our client feels that he has been ignored and left out while preparing
successive seniority lists and this has resulted in his supersession by his similarly placed
junior employees.
As reported by our client and evident from the perusal of available official
documents, it is clear that our client after having been engaged as TDL on 06.01.1971 vide
Order No: 75-PSL/7091/8513 dt: 6.1.1971 was converted to Work Charged Establishment on
1.4.1974 and thereafter regularized as Class IV employee on 4.8.1980 alongwith other
similarly situated employees. He was then promoted as a Junior Assistant in September 1982
and promoted as Senior Assistant on 1.9.2004.
In the year 1986, the deptt; came out with a seniority list of Junior Assts on
09.03.2001 vide S.E South Circle Bijbehara No:5639-48. The name of our client was shown
at S.No: 16 instead of S.No:9 on the basis of the comparative length of service of the
employees in the list. Therefore he represented his case and suggested that the grievance can
be settled by inserting his name at S.No:9-A. He continued to make representations and one
such representation submitted on 12.01.2002 found favour with the authorities and his service
was asked to be submitted for verification of these facts and effecting necessary changes in
the seniority list. The matter remained in cold chamber till he was promoted as Senior
Assistant on 01.09.2004 and a new seniority list of Seniority List of Senior Assistants came
to be circulated inviting objections ,if any . The Objections were invited by Convener DPC on
29.7.2002 and at the same time APR’s of our client were also submitted to the authorities by
the Revenue Officer Bijbehara.
Unfortunately, the Deptt has completely ignored his case all along and in the year
2002 our client repeatedly pointed out the discrepancies in the Seniority List by pointing out
that similarly circumstanced employees named Shaukat Ahmad Draboo and Gh Ahmad Khan
and many other in the list were far junior to him, but were shown ahead of him. Several
remainders were addressed by our client on 1.12.2002, 1.9.2003 followed by representation
datedl 7.1.2010 whereunder our client demonstrated from official records and data that
several employees junior to him were shown ahead of him in the Seniority List. He cited the
examples of Abdul Rahim Parray who was shown at S.No:94 when our client was shown at
S.No: 113. At the same time the names of numerous similarly situated employees in
this Seniority list who were appointed in the department after him were given effect of
service ahead of him and consequently those employees got promoted ahead of him
leaving him behind when his date of superannuation in reaching next month. It may be
reminded that our client had joined the deptt on 1.4.1974 as Work Charged Employee
and was absorbed on 4.8.1980 which fact seems to have been ignored when the same
dates/events were taken as basis for fixation of seniority for his juniors.
In the meanwhile, our client was also promoted on officiating basis as I/c Head
Assistant in OPG on 19.10.2010, when his juniors also were promoted as I/c HA’s in OPG
but were again shown senior to him. IN this order issued vide No; 146 dt:19.10.2010, our
client has been shown to figure @ S.No: 22 while as his above mentioned junior Abdul
Rahim Parray has been shown @ S.No:14 and Mohammad Akbar Dar @ S.No:3 and Gh
Qadir Bhat @S.No:19 and Mohammad Ashraf Baba @S.No;21. The promotion order was
followed by an order of placement on 26.11.2010 whereunder also the his juniors Abdul
Rahim Parray figures @S.No: 14 and Mohammad Akbar Dar @ S.No:3 when our client has
been shown @ S.No:20. The latest order of releasing the pay scale of Head Assistants in
favour of employees working in OPG has been issued vide Order No: C/DPC/K- 22 of 2011
dt: 07.05.2011 where under ten Sr Assistants have been allowed the pay scale of Head
Assistant w.e.f: 7.5.2011 whileas our client has been left out in this order. It may be noted that
he is due to retire on superannuation only after a few days at the end of this month i.e on
31.5.2011. The wrong fixation of his seniority and no consideration of his case has led to
his ouster from the zone of consideration while regularizing the promotions to the post
of HA’s on the posts having become available in the department.
The accepted position under rules for making promotions on officiating basis is the
rule of seniority and Government has laid down clear standing instructions for the guidance of
al in the Note below Article 87 of J&K CSR’s. Since the question of fixation of his seniority
at its proper place remains yet to be determined our client has submitted a detailed
representation explaining his case completely, but it has evoked no response so far. Fixation
of seniority at its proper place is the obligation of the deptt and any kind of unfairness or
discrimination is an infringement of a valuable service right guaranteed to an employee

under Article 14 & 16 of the Constitution. Therefore to protect his vital service interests
and rights our client has been agitating his grievance against the discrimination and
arbitrariness which has been repeated several times without assigning any reason . He has an
apprehension that he is being deliberately discriminated against with some mala fide
intentions resulting in this kind of serious prejudice to him. Therefore, before proceeding
ahead and initiating legal action in an appropriate forum , it will be proper to apprise you
about the case with the e requested to go through the contents of this legal notice and after
understanding the position arising under law, it expected that some positive action is taken
expeditiously in response thereof.. It may be noted here that we are already under peremptory
instructions from our client to institute legal proceedings in an appropriate forum/court for the
redressal of his grievance..
Yours Sincerely
Arshad Andrabi Advocate

For M/s Jalil Andrabi & Co
attorneys at law
Copy to :
1. Superintending Engineer PDD South Circle Bijbehara for information and
necessary action in the light of the above
2. Revenue Officer ,PDD South Circle Unit –II Bijbehara for necessary acion
in the light of the above .

Legal Notice .Class IV FPF .... Promotion...July 12

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Te;; {o} 0194-2450218 [M] 9797265655

Jalil Andrabi & Co .....Attorneys

discrimination is an infringement of a valuable service right guaranteed to an employee

Arshad Andrabi Advocate

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