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HC directs for necessary amendments in Agriculture promotion rules
2/22/2007 11:43:25 PM
Jammu, Feb 22
Justice Hakim Imtiyaz Hussain of J&K High Court Jammu wing in a significant judgment directed State of J&K through Financial Commissioner Agriculture Production and Rural Development to avoid the confusion, required to kook into this aspect of the matter and by necessary amendment, effect correction in the rules. This significant direction has been passed in a writ petition filed by one Sunil Kumar Kapahi MSc Agriculture Economics seeking promotion to the post of Chief Agriculture Officer/ Deputy Director Agriculture.
Justice Hussain, after hearing Advocate WS Nargal appearing for the petitioner and Dy AG Vinod Bakshi appearing for the respondents, observed that the High Court has already passed a direction on April 15, 2002 directing respondents to refer the case of the petitioner to PSC. To consider the issue again and to pass any other direction in the matter, in these circumstances, is not required at all. Petitioner has remedy available for implementation of the Court direction. So far as the issue regarding anomaly in the rules is concerned, Court find due force in the pleas raised by the petitioner and the counsel for the respondents has also agreed to this effect.
Justice Hussain further observed that there appears inconsistency in the recruitment rules. The post of agriculture economist has been shown in schedule-I but this very post has been shown in schedule-II also. To avoid the confusion, the respondents are required to look into this aspect of the matter and by necessary amendment, effect necessary correction within a period of two months. This Court will not go into the issue as same has been dealt with and decided by the Court in the writ petition filed by the petitioner. No observation on this is required and the PSC shall look into the issue at the time of consideration, the Court observed.
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