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| HC quashes order No 667 of Nov 24, 2008 | | | early times report
Jammu, Apr 22: Justice JP Singh quashed adjustment of 11 Senior Assistants as Head Assistants of High Court. Petition filed by Rajesh Kumar & Ors in which they challenged the adjustment of 11 senior assistants as head assistants in their own pay and grade and seeking quashment of the High Court order in so far as it directs adjustment of 11 senior Assistants against the post of Head Assistants as they did not possess degree of graduation, the academic qualification prescribed for the post of Head Assistants vide High Court order No 579 dated October 24, 2008 issued under Rule 6 of Jammu & Kashmir High Court Staff Rules 1968 and in supersession of all previous orders in this behalf, prescribing mode of recruitment/promotion to various posts in the High Court and were this disentitled to adjustment against the post of Head Assistant.
In the approved for reporting judgment Justice JP Singh after hearing Sr. Adv Sunil Sethi with Adv Veenu Gupta appeared for the petitioners whereas Advocate Amrish Kapoor appeared for the High Court and Advocate S. Kour appearing for the private respondents, observed that adjustment of 11 respondents against the posts of Head Assistant affects the petitioners right to consideration entitling them to invoke the extra ordinary jurisdiction of the Court. The High Court order No 667 dated November 24, 2008 in so far as it pertains to the adjustment of private respondents is found unjustified and against the rules, hence unsustainable. It is further held that High Court Rules do not as such vest absolute power in the Chief Justice to relax the rules and the power of relaxation, in terms of the High Court order No 579 of October 24, 2008 is exercisable in case of only those officers/officials who had entered the service before April 25, 1987. The Acting Chief Justice had not thus relaxed the rules in approving the respondent's adjustment's order vides order impugned. The findings are that the writ petition succeeded and is accordingly allowed quashing the High Court order No 667 of November 24, 2008 in so far as it orders adjustment of private 11 senior assistants as head assistants. ---JNF
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