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| HC upholds quashment of transitory engagements in BOSE | | | EARLY TIMES REPORT
Jammu, Nov 03 (JNF):- A Division Bench of Jammu & Kashmir High Court comprising Chief Justice Dr. Aftab H Saikia and Justice Sunil Hali in two LPAs filed against the judgment of Single Judge dated April 10, 2007 whereby Single Judge quashed the engagements of all the appellants, has upheld the judgment and order of the Single Judge, however the Division Bench observed that the directions given by Writ Court as regard time frame for holding fresh selection for engagement of the persons for Desk Job needs to be extended in the interest of justice. DB accordingly direct that entire process of fresh selection shall be completed within a three month, till such fresh section is made, the appellants shall not be disengaged and further directed that the authorities concerned shall consider the relaxation of age of all the parties and contesting in these appeal proceedings in case of their selection and appointment.
Two appeals have been filed by against the judgment of Writ Court, Division Bench taken-up both the appeals for final disposal as the issue raised in both the appeals is common. In the appeal, the appellants were engaged by Board of School Education dated June 23, 2004 to do desk job for a transitory period of sixty days on consolidated salary of Rs 1900 per month providing that the initial engagement should be extended from time to time depending on the need and satisfactory of the job. These engagements were challenged by respondents in this appeal on the ground that appointments were bad, illegal and in total violation of established norms of the service jurisprudence. Writ Court in the judgment order accepted the petitioner and quashed the engagement of all the appellants holding that engagement of appellants are unjustified and unwarranted as no administrative fairness was displayed.
The court after hearing Advocate Sunil Sethi assisted by Advocate Veenu Gupta for appellants whereas Tashi Rabstan and DS Thakur Advocates appeared for the respondents and also gone through the judgment of the Writ Court, observed that the administrative authorities in a selection process are duty bound to demonstrate Administrative fair play. Transparency, fairness and objectively must reflect in every action in the selection process so that the confidence of the public in these institution is not eroded. Given facts and circumstances, it may be well said that the present action in the selection to the post of desk job, lacks such transparency, fairness and reasonableness. That being the Court can unhesitatingly opine that there is no plausible are cogent ground to dislodge the impugned judgment and dismissed both the appeals. JNF
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