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HC directs CS to allow petitioner to continue as OSD to CM 7/23/2015 11:41:22 PM Early Times Report jammu, July 23: In a petition filed by Tariq Ahmed Kakroo , who was transferred and on deputation posted as OSD in Chief Minister's Private Office at Srinagar, challenging the January 15, 2015 government order No 47-GAD in which he was directed to report back to J&K State Power Development Corporation (JKSPDC), high court judge Janak Raj Kotwal today quashed the government order with a direction to the chief secretary to allow him to continue as OSD. It would, however, be open for the government to adjust him against any other equivalent post, if so desired. The petitioner had sought a direction to the respondents to re-designate him as Deputy Secretary in the government in accordance with the recommendation made by the chief minister's secretariat, decision on which was said to have been deferred on March 11, 2014. In this regard, it was contended in the writ petition that after his permanent absorption as OSD in the CM's secretariat in March,2014 with a view to provide him promotional avenues, he submitted a proposal to the competent authority to re-designate him as deputy secretary in the secretariat. The Establishment Committee constituted by respondent No 1 for the purpose appears to have considered the proposal but deferred the decision on the ground that issue required further examination. The respondent No 1 in its reply in the counter affidavit has not addressed to this aspect of the matter and has contented by saying that petitioner had never been appointed against the post of OSD. Whatever contended by the petitioner, however, is supported by the contemporaneous record produced on behalf of respondent No 1. The CM's secretariat seems to have mooted a proposal to GAD/ respondent No 1 "to examine the feasibility and desirability of re-designating Kakroo as deputy secretary in CM's secretariat to enable his placement on a sustainable career progression path over long term." No case for issuing any direction in this regard, however, is made out as cause of action for filing this writ petition arises only by the issue of the impugned government order No 47-GAD dated 15.01.2015 (supra) whereby respondent No 1 directed sending back the petitioner to the corporation. Changing designation of the petitioner for the purpose of his placement on 'sustainable career progression path', is a contemplated administrative decision about which no mandamus or direction can be issued by this court at this stage.(JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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