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HC issues notices, stays operation of Government order
Posting at the instance of CAO at the instance of Minister challenged
10/13/2007 8:58:54 PM
Early Times Reporter
Jammu | Oct 13
Justice YP Nargotra of J&K High Court, Jammu Wing, stayed the posting of Mohd Iqbal Choudhary as Incharge Chief Agriculture Officer Poonch who was allegedly posted at the instance of Minister for Agriculture.
Justice Nargotra, after hearing Adv Abhinav Sharma appearing for the petitioner Jatinder Sharma, issued notice to State through Financial Commissioner Agriculture Production Department, Agriculture Minister Abdul Aziz Zargar, Director Agriculture and Mohd Iqbal Choudhary Incharge CAO Poonch with the direction to file objections within two weeks. Court in the meanwhile stayed the operation of Government order dated October 5, 2007 with the direction that respondents are at liberty to fill up the post of Chief Agriculture Officer Poonch strictly in accordance with rules.
In the petition, Adv Abhinav Sharma submitted that petitioner Jatinder Sharma after completing B Sc Agriculture was selected by PSC and appointed as Agriculture Extension Officer on October 26, 1979 in Gazetted Cadre whereas Mohd Iqbal Choudhary was initially appointed as Village Extension Worker on July 29, 1986 against the non-gazetted post pursuant to recommendation made by J&K SSRB. The post stood re-designated as Junior Agriculture Assistant. The petitioner further submitted that the respondent No 4 is junior to the petitioner whereas the petitioner was assigned the charge of Chief Agriculture Poonch be senior most gazetted officer till the arrangements were to be made by the Administrative Department and was continuing against the said post, but abruptly, after a period of one month Mohd Iqbal Choudhary got the order impugned on October 5, 2007 passed at the behest and at the instance of Abdul Aziz Zargar Minister for Agriculture and again has been transferred and posted as Incharge Chief Agriculture Officer Poonch, thereby forcing the petitioner to work under a person who is yet to be confirmed at the lower gazetted officer as Agriculture Extension Officer. Aggrieved by the said order, the petitioner challenged the same in the Court. JNF
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