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| Repatriate of SRTC officials from MV Department | | HC orders status quo | | Asif Iqbal Naik
Early Times Report
Jammu, Feb 10:- The Jammu and Kashmir High Court today ordered status quo on the order of Commissioner Secretary Transport Department issued vide Government order No. 9-TR of 2015 dated 29-01-2015 directing RTO Jammu and Assistant Regional Transport Officers of the state to immediately repatriate 45 SRTC officials including Motor Vehicle Inspectors, Senior assistants, Junior assistants, conductors cum clerks & Booking Managers from MV Department to parental department (SRTC) with immediate effect.
As per the details available with Early Times, the Jammu and Kashmir High Court bench headed by Justice HasnainMasood in SWP No. 194/2015, CMP No. 290/2015 and Caveat No. 182/2015 today order for maintaining of status quo after 12 Motor Vehicle Inspector approached the court for stay on Commissioner Secretary Transport order No. 9-TR of 2015 dated 29-01-2015.
After hearing advocate MS ShahzanaDurrani appeared on behalf of the petitioners Zahoor Ahmad Tantray and others vs State of J&K and others order that "In the meantime, subjected to objections, position as on date, notwithstanding order impugned, be maintained till next date of hearing before the bench listed on 18th of February 2015". The court also issued notice to government which was accepted by J A Kawoosa learned senior AAG on behalf of respondent No. 3 and R A Khan, learned AAG entering vice Shabir Ahmed Khan, GA for respondents 1 &2.
The court also discharged the Caveat filed in the case as nobody appeared on behalf of the caveator.
The Commissioner Secretary Transport in his order stated that "Whereas due to creation of new District in the state, Motor Vehicle Department was facing dearth of staff at the level of Motor Vehicle Inspectors (Technical) and Ministerial staff in the offices of the RTOs/ARTOs, the following officials (43 in number) of the J&K SRTC were deputed to the MV Department for the period of two years or till the posts are filled up by SSB whichever is earlier, subjected to the condition that these officials shall be reverted to SRTC on the expiry of the terms of deputation", added that "at the same time 14 posts of Motor Vehicle Inspectors and 16 posts of Junior Assistants have been filled up in the MV Department against clear vacancies by selection through SSB/GAD and the selectees have even joined the department" and order for their immediate repatriation to SRTC from MV Department.
It is pertinent to mention that After "Early Times" published a news item titled as "RTO Jammu ignores Commissioner's order---Fail to repatriate SRTC officials working with MVD" in its 3-2-2015, RTO Jammu repatriates all SRTC officials including the petitioner working with MVD. Among these relieved SRTC employees four clerks and four Junior Assistants had already joined their duties in SRTC, while the 12 petitioners have to wait for their joining and the same could be decided by the High Court on next date of hearing on 18th of February 2015, whether the Court will allow them to join their duty back in MVD or will uphold the Commissioner Secretary Transport order to repatriate them back to SRTC department which is a corporation.
If going through the judgment in case titled Mubashir Jan and others vs State of J&K and others, Justice JP Singh of Jammu and Kashmir in his order passed on 25-03-2011 upheld the clam of petitioner Mubashir Jan against Mushtaq Ahmed Jan, the then Deputy General Manager SRTC's adjustment as incharge ARTO/Nodal Officer Bandipora in the Transport Department on the grounds that neither was he (Mushtaq Ahmed) eligible for appointment as ARTO nor would the rule in force permit his deputation from the Corporation to the Transport Department and observed that his appointment was therefore, liable to be quashed.
Meanwhile the sources within the transport department informed the "early times" that all those who were on deputation are actually Junior Inspector post equivalent to Junior Assistant pay band, the post lower than the post of Motor Vehicle Inspector which all the petitioners are presently holding in transport department. |
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