HC: Govt employee with two categories can make choice

JAMMU: The Jammu and Kashmir High Court has ruled that a candidate in government employment having two reserved categories can claim promotion on the category of his choice.
This ruling was given by Justice Alok Aradhe in case of a veterinary doctor who, though being Scheduled Caste, was selected in open merit category and later sought promotion in the Actual Line of Control (ALC) category.
Justice Aradhe quashed a government dated December, 31, 2014 issued by Commissioner/Secretary Animal and Sheep Husbandry Department stating that the petitioner Dr. Dil Bhadur Singh, In-charge Chief Animal Husbandry Officer, Samba, who belonged to SC as well as ALC Category, shall be entitled to avail the benefit of SC category only in career progression.
Quashing the impugned order, Justice Alok Aradhe directed the GAD and Animal and Sheep Husbandry Department to treat the career progression of the petitioner under ALC Category in terms of Section 19 of the Jammu and Kashmir Reservation Act, 2004, as per the option exercised by the petitioner.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner and Senior AAG Seema Khajooria Shekhar and Govt. Advocate Sanjeev Padha appearing for GAD and Animal Husbandry Department, Justice Alok Aradhe observed that it is evident that the petitioner was appointed as Veterinary Assistant Surgeon under the Open Merit Category and therefore, under Section 19 of the Jammu and Kashmir Reservation Act, 2004, the petitioner was entitled to claim category benefit of his choice for promotion.
Senior AAG Seema Khajooria Shekhar submitted that the petitioner had already taken benefit of SC category at the time of his entry into professional college for undergoing B.V.Sc. and AH course and therefore is not entitled to take ALC Category benefit under Section 19 of the Reservation Act.
Rebutting the argument, Advocate Ahmed drew the court's attention to the relevant extract of initial appointment order of the petitioner dated February, 17, 1994 which proved that the petitioner was selected under Open Merit Category.
He further said that the petitioner exercised his option of availing ALC Category benefit as per Section 19 of the Reservation Act, 2004 for his promotion. However his claim for ALC category benefit was denied on the ground that he had availed the benefit of SC Category at the time of entry into service which is factually incorrect as the petitioner joined the service as Open Merit Category candidate.
Justice Alok Aradhe quashed the impugned Govt. Order dated December, 31, 2014 with a direction to the GAD/Animal Husbandry Department to allow the career progression of the petitioner under ALC Category in terms of Section 19 of the Jammu and Kashmir Reservation Act, 2004, as per the option exercised by the petitioner. JNF