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HC stays alleged backdoor appointments made at Minister’s behest
5/22/2008 11:24:55 PM
Early Times Reporter
Jammu | May 22
Justice YP Nargotra of J&K High Court Jammu Wing has stayed the alleged backdoor appointments made at the behest of minister for Social Welfare.
In a petition filed by Chanchla Rani seeking quashment of order dated March 11, 2008 passed by Program Officer ICDS Kathua whereby one Shashi Pathania has been appointed as Anganwari Worker in Anganwari center Tharakolyal.
Adv MM Baru appearing for the petitioner stated that the appointment of private respondent is backdoor appointment for having been made without inviting applications from the eligible persons. He submitted that it is manifest from the order itself, that program officer ICDS Kathua has made the appointments on the recommendation of the Minister of Social Welfare. He further submitted that appointments made are backdoor appointments as such cannot sustained in the eyes of law.
According to the appointment order the appointing officer while issuing the appointment order mentioned "As recommended by the Minister of Social Welfare of J&K State, the following candidates are hereby engaged as Anganwari Workers under ICDS Project Billawar, purely on temporary basis till the selection is made by the District Level Selection Committee Kathua.
Justice Nargotra, after hearing Adv MM Baru appearing for the petitioner, observed that there is prima-facie merit in the contention of the counsel for the petitioner. The fact of matter is that only Lalita Devi has been impleaded as respondent in this petition. In this view of the matter, Court is of considered view that impleadment of other appointees as the party respondents is necessary, as they are also the beneficiaries of the order impugned. Court directed registry to implead all the appointees mentioned in the impugned order passed on March 11, 2008 as party respondents and issue notice to all the respondents with the direction to the counsel for the petitioner to take necessary steps for service of the respondents within a week's time. In the meanwhile the order impugned if not been implemented shall remain stayed. JNF
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