Jammu & Kashmir High Court - Srinagar Bench
Arshid Ahmad Mir & Ors. vs State Of Jk & Ors. on 17 August, 2017
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SWP No.823/2017
MP No.01/2017
Date of Order: 17th August, 2017
Arshid Ahmad Mir & Ors.
Vs
State of JK & Ors.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge
Appearing Counsel:
For the Petitioner (s): Mr. Rizwan-u-Zaman Bhat, Advocate.
For the Respondent(s): Mr. Moksha Kazmi, AAG.
i. Whether approved for reporting in
NET Yes/No
ii. Whether approved for reporting in
Digest/Journal Yes/No
1. Going by the nature of relief sought for, this writ petition is admitted to hearing and is taken up for final disposal.
2. The writ petition, which is of the year 2017, has been filed for the following reliefs:
"I/- Mandamus commanding, the respondents to consider the case of the petitioners with respect to appoint/ absorb/ selection of petitioners against the post of Class IV/ Patwaris/ Gauge Readers/ Supervisors available in the Irrigation and Flood Control Department on the basis of result of their departmental examinations conducted by the Irrigation and Flood Control Department and after having undergone the said training.
II/- Mandamus commanding, the respondents to work out the vacancies in the cadre of Class IV, Gauge Reader, Patwaris and Supervisors appointed from direct quota as well as from promotional from the date of separation of Irrigation Department from the Flood Control Department.
III/- Mandamus commanding, the respondents to give them the same treatment as has been given to their similarly circumstances trainees in the department."
3. According to the petitioners, who are 15 in number, they underwent training course of Patwaris, Gauge Reader and Supervisor for being engaged in the Irrigation and Flood Control Department. As such, they are eligible to be appointed to the ________________________________________________________________________ {SWP No.823/2017} Page 1 of 4 aforesaid posts on regular/contractual basis in the Respondent Department. The grievance of the petitioners is that the Respondent Department, instead of choosing qualified persons like the petitioners for the posts of Patwaris, Gauge Readers and Supervisors, is engaging persons on temporary basis by way of deputation from other departments, thereby denying the rights to the petitioners to be considered to the aforesaid posts. This seems to be the sum and substance of the grievance of the petitioners.
4. Ms. Moksha Kazmi, the learned Additional Advocate General, appearing for the Respondent Department, states that no regular selection process was initiated by the Department for engagement of Patwaris. However, in terms of Government Order No.185-PW (Hyd) of 2013 dated 16th July, 2013, i.e. Annexure-F to the writ petition, inter-departmental transfers of persons for filing the posts of Patwaris was done on need basis.
5. In so far as the posts of Gauge Readers and Supervisors are concerned, the learned Additional Advocate General states that these are posts which have to be filled up by way of direct recruitment. The Respondent Department is not manning these posts by way of inter-departmental transfers. She further pleads that the recruitment to the post of Gauge Readers/Supervisors, as and when required, will be made only through direct recruitment by advertising these posts in open market and this includes Patwaris as well in respect of quota fixed. The said ________________________________________________________________________ {SWP No.823/2017} Page 2 of 4 statement of the learned Additional Advocate General is taken on record.
6. Mr. Rizwan, the learned counsel for the petitioners, states that the aforesaid rules of recruitment as referred to by the learned Additional Advocate General, i.e. Government Order No. 185-PW (Hyd) of 2013 dated 16th July, 2013, have not been notified and they are not in force. It is only in the draft stage. This is again a disputed fact.
7. Be that as it may, if the Respondent Department is proposing to utilize the services of the persons from other departments for manning the post of Patwaris based on the aforesaid rules, it is desirable that these rules should be properly framed and notified in accordance with law, if not already done.
8. Even otherwise, as in the case of Gauge Readers and Supervisors, it is desirable that the posts of Patwaris should also be filled on regular basis from open market or otherwise based on the rules. The process of deputing persons from other departments should be avoided as far as possible. Such temporary deployments would not be in the interests of the parent department as well as the post occupied by deputation because there will be shortage of staff on both sides. In the light of the stand taken by Ms. ________________________________________________________________________ {SWP No.823/2017} Page 3 of 4 Moksha Kazmi, the grant of relief as prayed for by the petitioners cannot be granted.
9. The Respondent Department is, however, directed to take a final decision in the matter relating to recruitment in so far as the posts of Patwaris are concerned. The Department shall also decide on the status of the recruitment rules as indicated by the learned Additional Advocate General, i.e. Government Order No. 185-PW (Hyd) of 2013 dated 16th July, 2013, if not already done, so as to ensure that regular mode of recruitment is followed for these posts.
10. The Respondents are directed to take a decision in the matter within a period of twelve weeks from the date of receipt of certified copy of this order. It is further made clear that if the petitioners have applied in time for any of the posts advertised in the open market, subject to their merit and eligibility, their cases shall also be considered on its own merits.
11. With the aforementioned directions, the writ petition alongwith connected MP(s) shall stand disposed of.
(Ramalingam Sudhakar) Judge Srinagar August 17th, 2017 "TAHIR"
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