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| DB quashes writ court order; directs state to consider claim of Librarians | | | Early Times Report
Jammu, Mar18-The Jammu and Kashmir High Court today came to the rescue of the petitioners/ respondents when it set aside the judgment of the writ court and order under appeal and directed the respondents to consider the claims of the petitioners-respondents in accordance with law.
Allowing the appeal filed by the library assistants who have been discharging their duties as Chief Librarian since 1988 and seeking their regularization as Chief Librarian, a Division Bench of Jammu and Kashmir High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Mansoor Ahmed Mir has also allowed the appeal filed by the state of Jammu and Kashmir against the judgment of writ court, directed the respondents to consider the claims of the petitioners-respondents accordance with law.
The Division Bench, after hearing Additional Advocate General Seema Shekhar appearing for the State and senior Advocate MK Bhardwaj with Advocate Sachin Sharma and Advocate FA Natnoo appearing for the respondents, condoled delay of over two years and set-aside the judgment and order of the single court with the observation that on facts the petitioners-respondents become entitled to be considered for what they represented, but the matter should not have been concluded in the manner the same has been done by the judgment and order under appeal, without the appropriate authority of the state applying its mind to various aspects of the matter raised in the representation filed by the petitioners in the writ and directed State to consider the following claims of petitioner-respondents in accordance with law, claim of the respondents one and three to receive salaries payable to chief librarian until the said post remained and there upon the salaries payable to the librarian. The submission of these respondents that by reason of continuous discharge of duties of Chief Librarian and their upon librarian for last 20 years, it must be deemed that they are holding the post included in the cadre of service known as J&K Education (Gazatted) College Service Recruitment Rule 1995; in the event they are not holding posts included in the cadre of the said service their right to be regularized in a post in the said service in view of the discharge of duties by them attached to the post for in excess of 20 years in accordance with any order or other decision of the Government.
The DB while coming to the rescue of the respondent librarians further directed that the claim of respondents are entitled to higher scale of pay upon acquiring qualification and experience mentioned in the Government decision of 1978 and whether they are similarly placed as of the persons dealt with the order of Government dated March 10, 1987 and if so whether they are entitled to the benefits to be accorded to them from the date those persons were accorded the benefits by the said order. DB further observed that it was told to the Court that the benefits pursuant to the Government order had been given after consulting the departmental screening committee. In the event, it is a necessity of law to have the matter vetted through screening committee, it goes without saying that such betting must be obtained. With these observations DB directed that the representation of the petitioners-respondents be decided as quickly as possibly not latter than three months. JNF
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