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| HC quashed the order whereby petitioner was reverted to the post of orderly | | |
JAMMU, APRIL 24,
Justice YP Nargotra of J&K High Court Jammu wing quashed the order of Registrar Cooperative Societies whereby petitioner was reverted from the post of Junior Assistant to orderly.
This significant order was passed in a writ petition filed by one Jaspreet Kour who came to be appointed as Junior Assistant on compassionate ground as her mother who was working as Junior Assistant died during the service period in terms of SRO 43 of 1994 on March 11, 2006. The petitioner 10+2 joined the post junior assistant, however, the Registrar Cooperative Societies on April 22, 2006 issued corrigendum whereby petitioner was appointed orderly instead of junior Assistant.
Justice YP Nargotra after hearing Adv SK Puri appearing for the petitioner and Deputy AG Vinod Bakshi appearing for the respondent state observed that from bare the reading of the rule, it is manifest that for being eligible to appointment under Rule 3, a person has to satisfy, two conditions, firstly that he comes within the person specified under rule 2 and secondly that he possesses either of the qualification prescribed under rule matriculation or up to matriculation, if such person possesses the qualification above matriculation, than he can be appointed to the post lowest in rank of non-gazatted services and if such person possesses the qualification up to matriculation than he can be appointed against class-IV post. Rule 3 takes the precedence over SRO 82 because of its containing non-obstante clause.
Justice YP Nargotra further observed that in this view of matter, the petitioner was fully eligible to be appointed on the post of Junior Assistant, as such could not have been reverted to the post of orderly under corrigendum impugned dated April 24, 2006 issued by Registrar Cooperative Societies. Therefore, these petitions are allowed accordingly the corrigendum and order of April 24, 2006 issued by the Registrar Cooperative Societies J&K is hereby quashed. Consequently the petitioner shall be restored back to her original position of post at which she was appointed in terms of order dated Marc 11, 2006 and shall be given all consequential benefits including the monetary benefits and disposed of the petition with the consent of counsels for the parties.
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