Yasir Hussain Wani vs . State Of J&K And Ors. on 15 March, 2019

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Jammu & Kashmir High Court

Yasir Hussain Wani vs . State Of J&K And Ors. on 15 March, 2019

Bench: Sanjeev Kumar

Suppl. List
Serial No. 99
                HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU

  SWP No. 489/2019
  IA No.1/2019

                                                       Date of order-15.03.2019
  Yasir Hussain Wani                     Vs.               State of J&K and ors.
  Coram:
                     Hon'ble Mr. Justice Sanjeev Kumar, Judge
  Appearance:-

  For the Petitioner(s) :         Mr. Abhinav Sharma, Advocate.
  For the Respondent(s) :

The petitioner substantially holds the post of Junior Agriculture Assistant in the department of Agriculture and has been deputed along with few others to DRDA, an agency of the Rural Development Department for their posting as Assistant Project Officer. The petitioner claims that while being posted in the department of Rural Development, he came to be appointed as Incharge BDO. Earlier the Government vide its order No. 45-RD of 2019 dated 12.02.2019 sought to repatriate the petitioners who were deployed in DRDA on deputation basis to their parent department i.e., Agriculture. Aforesaid order was challenged by the petitioner and others in several writ petitions, the same has been stayed by this Court.

The petitioner's grievance in this writ petition is that the respondent No.1 has issued now Government Order No.97-RD&PR of 2019 dated 08.03.2019, whereby amongst others, one Aamir Bashir Runyal (RBA) has been posted as BDO Marmat against the post held by the petitioner as Incharge BDO without making any provision for his posting.

SWP No.489/2019 Page 1 of 2

After having heard learned counsel for the petitioner and perusing the record, I am of the view that the posting of respondent No.4 as BDO, Marmat could not have been made without first making the appropriate posting of the petitioner on some available post.

In that view of the matter, prima facie, case for indulgence is made out by the petitioner.

Issue notice to the respondents, returnable within four weeks. Requisite steps to effect service upon the respondents within one week.

List on 20.05.2019.

IA No.1/2019

Notice and appearance as above.

In the meantime, subject to objections from the other side and till next date of hearing, it is provided that respondent No.1 shall pass appropriate order of posting of the petitioner against any available post.

(Sanjeev Kumar) Judge JAMMU 15.03.2019 Surinder SURINDER KUMAR 2019.03.15 16:12 I attest to the accuracy and integrity of this document SWP No.489/2019 Page 2 of 2

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