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| Consider petitioners for appointment as Excise Inspector: HC | | | EARLY TIMES REPORT
Jammu, Jun 09-In a petition filed by the Sub-Inspectors Excise seeking promotion/appointment on the post of Excise Inspector on the analogy of their junior colleague, Justice Sunil Hali of Jammu and Kashmir High Court today directed respondents to accord consideration to the case of petitioners for appointment as Excise Inspector without taking into consideration the eligibility set out in the impugned order that they have to qualify one or two papers.
After having successfully cleared the examination for the post of Sub-Inspector Excise in the year 1999, the petitioners were promoted to the post of Sub-Inspector Excise in their own pay and grade against the direct quote. Their further promotion to the post of Excise Inspector was subject to qualifying of test. The appointments to the post of Excise Inspectors were made by the respondents amongst those who had qualified one or two papers of Departmental Examination of Excise Inspector in their own pay and grade till the posts were filled up on regular basis. The names of the petitioners did not figure in the said list and they filed present petition.
Justice Hali, after hearing senior Advocate UK Jalali appearing for the petitioners and Advocate MA Bhat appearing for the State respondents and also perusing the record, observed that perusal of the impugned order reveals that appointments to the post of Excise Inspector in their own pay and grade were made in favour of those persons who had qualified one or two papers of departmental examination. The conditions of eligibility revealed from the order impugned are not traceable to any rule governing the service of excise and taxation department. It appears that these conditions have no basis for making such appointments. The respondents could make temporarily appointments till final selection was made. In that eventuality all the Excise Sub-Inspectors who had qualified their examination in the category of the post they held, would become eligible and imposition of this eligibility is arbitrary, Court observed. At this stage counsel for the respondents conceded that this condition of eligibility indicated in the order cannot be sustained. He stated that case of the petitioners will also be considered for appointment to the post of Excise Inspector as has been done in case of private respondent who is admittedly junior to the petitioners. Upon this Court directed respondents to consider the case of the petitioner for the appointments of excise inspectors. JNF
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