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news details
HC stay transfer of Director Geology & Mining
10/10/2018 9:43:53 PM
Early Times Report
Jammu, Oct 10: Justice Sanjeev Kumar stayed the Government order No. 1457-GAD of 2018 dated 24.09.2018 insofar as it pertains to his transfer from the post of the Director, Geology and Mining Deptt to the Department of Industry and Commerce and the posting of respondent No. 3 as Director Geology and Mining in his place.
While staying the order, Justice Sanjeev Kumar observed that counsel for the petitioner submits that the petitioner was posted as Joint Director in the Jammu and Kashmir Geology and Mining Department and in terms of the Jammu and Kashmir Geology and Mining (Gazetted) Services Recruitment Rules, 1992 (for short, the Rules of 1992), he was promoted as Director, Geology and Mining vide order No. 149-IND of 2011 dated 12.09.2011 and is holding the aforesaid post since then. He further submits that in terms of Schedule I of the Rules of 1992, the post of Director is required to be filled up 100 per cent by way of selection from Class-II Category A amongst the persons possessing at least 20 years of service in the J&K Geology and Mining Gazetted Service including at least 5 years service in Class-II Category A and, therefore, cadre officer of J&K Administrative Services cannot be posted as Director in the Geology and Mining Department.
Justice Sanjeev Kumar after hearing counsel for the petitioner observed that From the perusal of the Rules of 1992, it is abundantly clear that the post of the Director is not a cadre post in the J&K Administrative Services Rules, 2008 and the same is required to be filled from the Geology and Mining Department. The post borne on the cadre of J&K Geology and Mining (Gazetted) Service constituted in terms of the Rules of 1992 and the post of Director is required to be filled up 100 per cent by way of promotion from the Class-II Category A with requisite experience. In that view of the matter, the posting of respondent No. 3 being a KAS officer is, therefore, prima facie not in consonance with the Rules of 1992.
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