news details |
|
|
| DB sets aside judgment of Writ Court in selection of DEO in High Court | | | Early Times Report
Jammu, Apr 29: In a bunch of petitions filed by the staff of the High Court relating to Computer wing as the Data Entry Operators (DEO), a Division Bench (DB) of State High Court comprising Justice Mohammad Yaqoob Mir and Justice BS Walia disposed of the all the petitions and set-aside the judgment of writ Court.
The LPA was filed against the judgment of writ Court whereby Writ Court quashed the adjustment as Deputy Registrar (Computer) of Nisha Saraf and also directed Register General to initiate process for filling up the available promotional posts in the Computer Section of the Service from amongst the candidates eligible therefore in terms of the rules following the mode and manner of promotion as indicated in Order No.579 dtd 24/10/2008, for its completion before March 01, 2013 and also directed to examine within the time stipulated herein above, the authenticity and validity of the Diplomas possessed by the petitioners and respondents 5 to find as to whether or not they possess State Government recognized Diploma in Computer Application or any other recognized qualification in terms of Order No.579 dated 24/10/2008 and whether they are eligible for promotion.
While setting-aside the judgment of writ Court, Division Bench observed that the Single Judge has not noticed the qualification prescribed for Data Entry Operators (DEOs), as was prescribed by the Chief Justice in exercise of Rule 6 of the 1968 Rules and issued under the order dated 04/07/2001 and the qualification prescribed for Data Entry Operators did not include diploma. Furthermore, an important position has not been taken note of i.e. Director Technical Education has made it clear that there is no institute recognized in the State for issuing diploma in computer application.
Division Bench further observed that the Data Entry Operators who were appointed on the basis of prescribed qualification in the year 2001 and prior thereto will be deprived of any promotion chance if the diploma in computer application as appeared in the order No.579 is taken to require recognition by the State Government.
It also observed that the observation of Single Judge that the order No.579 does not take away in any manner, whatsoever, any vested right of the respondents for consideration to promotion in the afore-stated circumstances is not correct as the right of promotion is totally getting negative. Another finding recorded by the learned Single Judge to the effect that diploma in computer application as appeared in the qualification prescribed in the year 2008 shall be recognized by the State Government in the facts runs contrary to the very intent.
Division Bench further observed that the facts and circumstances of the case as adumbrated in detail hereinabove would suggest that the adjustments made were purely by way of arrangement and in view of non availability of the employees from the feeding channel. (JNF) |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
