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HC restrains CAPD from engaging salesmen for 7697 outlets without advt 9/6/2014 12:09:21 AM Jammu, Sept 5: In a petition challenging the engagement of salesmen and helpers for 7,697outlets by CAPD without any advertisement, Justice Dheeraj Singh Thakur today restrained the respondents from doing so. According to the petitioner's case, pursuant to a policy decision taken by the government, department of CAPD is in the process of engaging salesmen and helpers on monthly honorarium of Rs 4,500 and Rs 3,000 respectively to man the sale outlets. As many as 7697 outlets have to be manned by such contractual appointments. It is stated that as per the scheme, upon completion of 7 years of contractual service, such appointee would have the right for regularization. The contention of the counsel for the petitioner before the court is that without prescribing any criteria for engaging such salesmen and helpers, based upon simple recommendations, official respondents are in the process of making appointments for which it is stated that the list has already been prepared. It is urged that without issuing any advertisement notice and inviting all eligible candidates for such contractual appointments, the rights of the petitioner as enshrined under Article 14 and 16 of the Constitution of India are violated. The appointments, it is urged are likely to be made for extraneous consideration on pick and choose method. Justice Thakur, after hearing the two sides, observed that since the issue involved concerns not only the petitioner but is likely to have cascading effects in view of the fact that such appointments are being made without issuing any advertisement notice and without disclosing non-discriminatory and rational criteria for selection. The appointments, if at all made, are likely to be challenged, which will open the flood gate of litigation in future. A prima facie case has been made out and ordered that the respondents, till further orders shall not make any such engagement till they disclose before this court the criteria which they seek to prescribe for making such engagements on contractual basis in the CAPD department. It shall also be informed as to whether any advertisement notice is issued or is being proposed to be issued for making such appointments/engagements. Let the requisite affidavit be filed by the concerned officer within a period of three weeks, he ordered. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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