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| HC allows petition of Stock Assistants | | | Early Times Report
Jammu, Sept 17: The High Court has directed the Director Animal Husbandry to consider appointment of petitioners as stock assistants from the date they were sent for training.
In a petition filed by Ajay Gupta and Nine others who were selected as Stock Assistant by J&K Service Selection Board against the available vacancies in the Animal Husbandry dept in the year 2002 had to go for one year Stock Assistant training course on payment of stipend under rules. This order was issued by director Animal Husbandry Jammu on September 5, 2002 and after completion of training they were formaly appointed as Stock Assistants in the pay scale 3050-4590 vide order dated October 7, 2003.
Justice JP Singh of Jammu & Kashmir High Court (Jammu Wing) after considering the facts of the case allowed the petition and issue direction to respondents to consider the petitioners case for their appointment to service with effect from the date they were sent for training and payment of salary in terms of Rules 6(4) of J&K Animal Husbandry (Subordinate) Service Recruitment Rules and directed to pass appropriate orders under rules within a period of three months.
Advocate SS Ahmed appeared for the petitioners submits that petitioners have been treated by the respondents differently without any justification when persons placed similarly were allowed the benefit admissible to them under rules during the period their training after their selection as Stock Assistants. Reference in this contest is made to Director Animal Husbandry Jammu’s communication June 17, 2008 to support the petitioners plea. On the other hand Deputy AG RS Jamwal appeared for the state submitted that petitioners become entitled to the pay scale which the post of stock Assistants carried with effect from October 7, 2003 when the members of the J&K Animal Husbandry Service and not from any date anterior there too. Their claim to the pay scale with effect from the date they were deputed for training is untenable.
The court after hearing both sides and quoted service rules observed that in view of the matter the petitioners cannot be deprived of their minimum of time scale during the period of their training and adopt different yard sticks regarding entry of persons to the same service. The petitioners have the succeeded in establishing that they become the members of J&K Animal Husbandry Service when on acceptance of the recommendations of Service Selection Board, they were deputed by the State Government to undergo one years Stock Assistants Training course. They have further established that their entitlement to the salary in terms of Rule 6(4) of the Rules during the period their probation. With these observations Court allowed the petition of ten petitioners and directed respondents to consider the petitioners case for their appointment to service with effect from the date they were sent for training and payment of salary in terms of Rules 6(4) of J&K Animal Husbandry (Subordinate) Service Recruitment Rules 1988, for passing appropriate orders under rules within a period of three months. JNF
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