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| HC quashes confirmation of 65 Incharge BDOs | | | EARLY TIMES REPORT
JAMMU, Oct 20: In a petition seeking Govt No 144-RD/2009 dated June 17, 2009 to the extent it confirms the 65 respondents as Block Development Officers with effect from September 1, 2003 in the name of framing the initial constitution of Service in terms of Rules 3(2) of J&K Rural Development (Gazatted) Service recruitment Rules 2003 and also promotion of two BDOs namely Sita Ram Sharma and Mohd Yousaf Malik as Incharge District Panchyat Officers and also challenged induction of respondent Mohd Rafiq Wani as illegally appointed by transfer from Industry Dept as Editor Dahat- Sudhar in the Rural Development Dept and then rendering him senior to all the petitioners Block Development Officers and equivalent officers.
Justice Hasnain Massodi of Jammu & Kashmir High Court Jammu Wing after hearing Adv SK Shukla appearing for the petitioners whereas Deputy AG Shaista Hakim for the state respondents, Sr. Adv MK Bhardwaj assisted Advocate Ajay Abrol, Advocate Anil Sethi, Advocate Surinder Kour, Deputy AG Deepkia Mahajan, Advocate MP Sharma and KL Pandita Advocate for the respondents and observed that the two respondents who was made Incharge District Panchayat Officers is liable to be quashed and the petition is allowed, the impugned Govt order No 144 order of 2009 dated June 17, 2009 is quashed to the extent of 65 BDOs and the final seniority list of BDOs if any issued on the basis of Govt order dated June 17, 2009 shall be inoperative and inconsequential. The officials respondents directed to take steps warranted for “initial constitution” of service in terms of Rule 3 (2) of Service recruitment Rules 2003 in accordance with rules and observations made. There being no challenge to the impugned Govt order and challenged to appointment of respondent No 68 as BDO vide Govt order dated February 14, 2009 read with Govt order May 10, 2007 and inclusion as “deemed member” of service vide impugned Govt order having failed the official respondents should be free to act upon the Govt order to the extent it pertains “deemed members” of service mentioned in the impugned Govt. with these observations Court vacated interim directions. JNF
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