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HC stays confirmation of DD Agri, others
11/11/2008 11:02:41 PM
EARLY TIMES REPORT
JAMMU, Nov 11: Staying the confirmation of various Deputy Directors and other senior officers of the Agriculture department, Justice Mansoor Ahmed Mir of J&K High Court Jammu wing, today directed the Commissioner/ Secretary Agriculture, Director Agriculture Jammu and Secretary PSC to consider the representation of the petitioners and take a decision as per the rules. In case the order of consideration goes against the petitioners, they shall be at liberty to challenge the same, the Court observed.
This significant judgment was passed in a petition filed by RK Sabarwal and Others challenging the confirmation of various Deputy Directors, Chief Agriculture Officers, and Project Officers of Agriculture Department
Court after hearing Adv WS Nargal appearing for the petitioners issued notice returnable within four a weeks. In the petition filed by RK Sabarwal and orsm who according to them, were appointed as Agriculture Extension Officers in the year 1976 to 1983 through Public Service Commission by way of direct recruitment. According to the petitioners that the recruitment rules of 1978 were replaced by J&K Agriculture Gazetted Service Recruitment Rules 1988. These recruitment rules of 1988 provided 50% recruitment of AEO direct and 50% by promotion from the Village Extension Workers possessing B.SC Agriculture Degree having minimum four years experience.
The petitioners challenging the Government order by virtue of which a grave irregularity has been committed by the Government wherein the officers who were admittedly junior to the petitioners have been promoted/ regularized in various classes prior to the petitioners in derogation to the mandate of spirit of the recruitment rules.
Adv WS Nargal appearing for the petitioners referred the Supreme Court of India case titled Suraj Parkash Gupta and submitted that the order impugned has been issued in most haste manner and without application of mind to shower undue benefit on their blue eyed persons and seeking quashment of impugned order dated October 7, 2008 along with circular/ tentative seniority list dated August 19, 2008, in so far as it relates to the placement/ confirmation of petitioners and private respondents. JNF
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