|EARLY TIMES REPORT|
JAMMU, Jan 29: Justice Sanjeev Kumar of J&K High Court Jammu Wing in a far reaching order stayed the appointment of Vivek Sharma as Director Animal Husbandry Jammu.
The significant order has been passed in a petition filed by Suresh Kumar Kohli and others seeking quashment of Govt order No 163-JK (GAD) 2019 dated December 10, 2019 Commissioner/Secretary to Govt, Animal/Sheep Husbandry vide which Vivek Sharma has been posted as Director Animal Husbandry which is patently illegal, arbitrary, unjustified and also contrary to Jammu & Kashmir Animal Husbandry (Gazetted) Service Recruitment Rules 1988.
Justice Sanjeev Kumar after hearing Adv Sudershan Sharma in length observed that the short grievance projected by the petitioners in this petition is that the post of Director Animal Husbandry is a post borne on the cadre of Jammu and Kashmir Animal Husbandry (Gazetted) Service Recruitment Rules constituted vide SRO No. 359 dated 01.12.1988 read with SRO No. 897 of 2019 and is provided to be filled up by way of selection from the officers in Class II with minimum experience of three years in that class. The petitioners claim that, though they are substantively holding the post of Veterinary Assistant Surgeons, but due to failure of the respondents to convene the regular DPCs, they have been further promoted in incharge capacity and are presently holding the charge of post of Joint Directors in the department. They, therefore, contend that they fall in the feeding cadre for promotion to the post of Director, and therefore, the KAS cadre officers cannot be posted against the post of Director Animal Husbandry. It is, in this background, the petitioners have assailed the order impugned.
High Court after hearing Adv Sudershan Sharma for the petitioner, issued notice to the respondents, ordered that meanwhile, subject to objections from the other side and till next date of hearing, the order impugned insofar as it pertains to the appointment of Vivek Sharma as Director Animal Husbandry Jammu, is stayed. This order, however, shall not come in the way of respondents to fill up the post of Director from the eligible officers in the department on the basis of their seniority and eligibility. JNF