Early Times Report
Jammu, Oct 4: In a petition filed by Kamal Kumar Sharma and ors, challenging Government Order No 407-FD of 2018 dated 20.9.2018, Justice Sanjeev Kumar of J&K High Court Jammu Wing after hearing Adv Abhinav Sharma with Adv Rajesh Bhushan for the petitioners, stayed the order and further directed to file objections till next date of hearing before the bench.
The case of the petitioner was that the J&K "Economics and Statistics Cadre" of Planning Development and Monitoring Department has its own recruitment rules for Gazatted and Non-Gazatted services. Acknowledging its contribution, the re-orientation of the Department was done pursuant to the Cabinet Decision No 17/02/2016 dated 27.04.2016 and a Government Order 207-PD of 2016 dated 29.04.2016 was issued whereby the horizon of the Department was enhanced. Currently the cadre strength of the Planning Department is 3272 out of which 443 are Gazetted officers, 2322 are Non-Gazetted and 507 form part of ministerial staff of Planning Development and Monitoring Department.
In the year 2016 the reorientation of Planning and Development Department was done and another function, that is "Monitoring", was also assigned to the "Planning and Development Department".
The State Administrative Council(SAC in short), vide its decision dated 18.09.2018, however decided that "Planning Development and Monitoring Department to be the Cadre Controlling Authority of J&K Economic and Statistics Service for the time being, inter-alia other decisions."
After the said SAC decision, the government issued the order impugned bearing No 407-FD of 2018 dated 20.09.2018, clearly designating Directorate of Establishment-II of Finance department as cadre controlling authority of Economics and Statistics cadre of PD&MD in violation of aforementioned SAC decision as well as J&K Government Business rules, 1956. Further, the order impugned bearing No 1469-GAD of 2018 dated 26.09.2018 is also violative of J&K Government Business Rules, 1956. Further, the career of 3272 strong cadre has been put on stake.
Justice Sanjeev Kumar after hearing Adv Abhinav Sharma and Adv Rajesh Bushan in length observed that the order impugned has been called in question, primarily, on the ground that as per the J&K Economics and Statistical (Gazetted) Service Recruitment Rules 1992, the Administrative Department vis-à-vis the J&K Economics and Statistical Service is the Department of Planning and Development and all service matters viz. the constitution of service, appointments and promotions and the maintenance of seniority as per the Rules are vested in the Administrative Department i.e, the Department of Planning and Development and, therefore, the respondents by issuing the impugned order cannot amend the statutory rules. |
