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Delay in filling class IV posts
Issue orders within one month: HC
1/11/2011 9:52:59 PM
EARLY TIMES REPORT
Jammu, Jan 11 :- The High Court today directed the government to issue appointment orders to the petitioners within one month and submit a compliance report on or before February 15.

A number of petitions were filed in the High Court after government failed to implement an order dated January 9, 2006 seeking filling of 50% class IV posts available in the districts or the balance posts after accounting for the pending (militancy related) SRO 43 cases whichever is more, through a duly constituted committed headed by concerned Deputy Commissioners.

The petitioners being eligible had also applied for the class IV posts in District Kathua. The process of selection initiated by the committee as a result of which it is contended by the petitioners that the select list was prepared on March 31, 2007. The petitioners figured in said select list. It is further contended that in pursuance to the publication of the General Select List, select lists of different Districts were also published on the same date.

Justice Sunil Hali disposed all the petitions by a common order and directed the respondents to issue appointment orders in favour of the petitioners within a period of one month and submit compliance report before the Court on or February 15, 2011.

The court after hearing the parties observed that it clearly emerges that the selection of the petitioners had culminated into issuance of appointment orders but the same were not communicated to them. No reasons are visible from the record or from the stand of the respondents that appointment orders of the petitioners withheld for a period of more than three years were based on some justifiable reasons. This itself speaks that duly selection process has been subverted by respondents. One does not go into the motive ad reasons for the same but the fact remains that the action of state is per se arbitrary. With these observations Court allowed the petitions and directed the respondents to issue appointment orders in favour of the petitioner within a period of one month from the date issue of this order and directed the respondents that they shall also submit compliance report before this court by or before February 15, 2011.JNF
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