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news details
CAT issued directions to fill the post of Director Fishries J&K with in 4 weeks in accordance with rules
9/26/2023 10:20:15 PM
Early Times Report
JAMMU, Sept 26: In a significant judgment, the Central Administrative Tribunal, Jammu Bench directed Principal Secretary to Government, Agriculture Production and Fisheries Department, Union Territory of J&K to convene DPC for consideration of the case of applicant alongwith other eligible candidates for promotion to the post of Director Fisheries, UT of J&K within 04 weeks, keeping in view the recruitment rules in vogue i.e. J&K Fisheries Gazetted Service Recruitment Rules, 2009.
As per the details available with Early Times, The Tribunal issued the aforesaid directions after hearing the counsel for applicant Faheem Shokat Butt (Advocate) who appeared on behalf of Mohammad Ashraf Darzi, Joint Director Fisheries before the Hon'ble Tribunal. Through the medium of OA the applicant prayed for quashing of Govt. Order No. 435-JK(APD) of 2022 dated 30.12.2022 whereby Mohammad Farooq Dar, JKAS (Special Secretary to Govt., Agriculture Production Department) has been temporarily assigned the post of Director Fisheries. It is argued by the Learned Counsel before the Tribunal that the appointment of Mohammad Manzoor Dar is illegal and de-hors the recruitment rules in vogue. According to J&K Fisheries Gazetted Service Recruitment Rules, 2009 the post of Director Fisheries can be filled only from the eligible Joint Director having 02 years experience and qualification of M.Sc. Zoology with Ichthyology (Fish and Fisheries) as special subject from recognized University. It is further submitted that the applicant became eligible for the post of Director on 25.05.2023, as such the post of Director cannot be allowed to be manned by a person who is not eligible to hold the said post. The post of Director is specialized post having particular qualification and skills and cannot be manned by any other person who don't have requisite qualifications and skills. Upon hearing the Learned Counsel Mr. Faheem Shokat Butt the Tribunal observed that right of consideration for promotion is a Fundamental right as held by Constitutional Bench of Supreme Court in case titled Ajit Singh Vs. State of Punjab (1999) 7 SCC, 209 and in case of Ajay Kumar Shukla Vs. Arvind Rai. In terms of the said observation the Tribunal disposed of the said O.A by directing the Principal Secretary to Government, Agriculture Production and Fisheries Department, Union Territory of J&K to convene the DPC within 04 weeks and to consider the case of applicant for promotion to the post of Director Fisheries.
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