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| HC disposed of petitions of Agriculture Officers | | |
EARLY TIMES REPORT
JAMMU, Apr 12 : Justice Hakim Imtiyaz Hussain of J&K High Court Jammu Wing disposed of bunch of petitions filed by Agriculture Gazetted officers, in all the petitions controversy arises with regard to Govt order No 279-Agri of 2008 in which the private respondents along with other eligible candidates were promoted to various posts and have assailed the order through these petitions. The said Govt order was kept in abeyance by various interim orders passed by this Court from time to time.
It was stated by the counsels for the petitioners that a bunch of other petitions are pending in Srinagar wing of High Court, these petitions have been admitted to hearing and the officials respondents have filed their objections. Counsels have also placed on record a copy of objections filed in the petitions titled Manzoor Ahmed Mir Vs State & Ors pending in the Srinagar wing of the State High Court.
Justice Hakim Imtiyaz Hussain after hearing battery of lawyers and from perusal of objections filed by the official respondent in the said petition, it appears that the official respondents are of the view that Govt order No 279-Agri of 2008 which is impugned in the present petition, has not been passed properly and there appears some irregularity and illegality in the said Govt order.
The official respondents in these circumstances have decided to constitute a committee for finalization of the seniority list of all the Gazetted officers in the department falling within the zone of consideration, to accord them promotion strictly as per rule. It is admitted by the counsels that one of the requirements under the rules is clearance by the state PSC/DPC, the further stated that the matter has not been examined and cleared by the PSC. It is not possible for the official respondents to accord promotion to the petitioner, Counsel appearing for the petitioners also agreed that let official respondents be directed to place the matter along with final seniority of all the gazetted officers who are in the zone of consideration before PSC/DPC, so that the same is considered and examined in accordance with recruitment rules. Upon this Court said that if this course is adopted it would not only satisfy the requirement of the rules but avoid further delay in the matter. It is stated by the counsels that in the past too the court issued certain directions in the matter and it will be appropriate if the PSC while considering and examining the issue kept in view the directions of High Court which have attained finality.
Justice Hakim Imtiyaz Hussain disposed of more than 10 petitions after hearing Sr. Adv Sunil Sethi, Advocates VR Wazir, Ashok Parihar, Abhinav Sharma, Veenu Gupta, MK Raina, Yogesh Bakshi and WS Nargal appearing for the petitioners whereas Sr. Adv MK Bhardwaj, Advocates AK Sawhney, SK Shukla, KK Kundan, Sachin Sharma, RS Jamwal, Ajay Abrol, FA Natnoo and Deputy AG Vinod Bakshi appearing for the respondents, observed that in these circumstances Court find it just and proper to Administrative Dept to place the matter before the PSC/DPC for its examination and final orders. Accordingly all these petitions are disposed of on the consensus of counsels for the parties, with the direction to the official respondents to place the matter along with final seniority list of all the Gazatted Officers prepared by the official respondents who are in the zone of consideration before the PSC/DPC within a period of two weeks from the date copy of this order is served upon them. The PSC/DPC shall finalize the matter with in a period of six weeks from the date it is placed before it. The PSC/DPC shall on finalization make recommendations to the Govt for appropriate orders. Meanwhile Govt order No 279-Agri of 2008 impugned in these petitions shall remain subject to outcome of the finalization of the matter by the PSC/DPC. ---(JNF)
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