Jammu and Kashmir High Court
SWP/779/2004 of CHUNI LAL PANDITA AND ORS. Vs STATE TH. AGRICULTURE DEPTT. AND ORS. on 29 December 2017
SWP No. 779/2004 Page 1 of 2 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 779/2004, MP Nos. 844/2004, 1110/2007 & 99001/2004 Date of order:-29.12.2017 Chuni Lal Pandita and others. Vs. State of J&K and others. Coram:
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Conclusion
SWP No. 779/2004, MP Nos. 844/2004, 1110/2007 & 99001/2004
Date of order:-29.12.2017
Chuni Lal Pandita and others. Vs. State of J&K and others.
Coram: Hon’ble Mr. Justice Tashi Rabstan, Judge Hon’ble Mr. Justice Tashi Rabstan, Judge Appearance: For petitioner(s) : Mr P.K Kundal, Advocate. For respondent (s): None.
(Oral)
1. Mr Kundal, learned counsel for the petitioners submits that in view of amendment of Recruitment Rules prior to the filing of present writ petition vide SRO 431 dated 16.10.2001, the instant writ petition so far as it relates to prayer part-A seeking quashment of SRO 102 dated 22.03.1998 is concerned, has been rendered infructuous. He further states that he does not want to press the said prayer. His statement is taken on record. Accordingly, the writ petition in so far as it relates to prayer part-A is dismissed. amendment of Recruitment Rules prior to the filing of present writ petition vide SRO 431 dated 16.10.2001, the instant writ petition so far as it relates to prayer part-A seeking quashment of SRO 102 dated 22.03.1998 is concerned, has been rendered infructuous. He further states that he does not want to press the said prayer. His statement is taken on record. Accordingly, the writ petition in so far as it relates to prayer part-A is dismissed.
2. So far as prayer part-B of the writ petition seeking release of pay scale attached to the post of Inspector in favour of the petitioners w.e.f 04.12.1996 along with arrears is concerned, respondent Nos. 1 to 3, in their objections have denied the claim of the petitioners in view of relevant Recruitment Rules governing the service conditions of the petitioners. It is stated in the objections, that the petitioners along with others were temporarily adjusted as Inspectors/Eq. as stop-gap arrangement vide Order No. 237 of 1996 dated 14.12.1996 in their own pay and grade with effect from 04.12.1996. It is further contended that officials shall have no claim for regularization against the post of Inspector/Eq. Category and their regularization against the post shall be made strictly in accordance with the Recruitment Rules issued under SRO 248 of 1990 dated 31.07.1990, which from time to time were amended by ___________________________________________________________________________
SWP No. 779/2004 Page 1 of 2
the Government. Subsequently, the aforesaid SRO was amended vide SRO 102 dated 23.03.1998 and the said SRO 102 was further amended by SRO 431 dated 16.10.2001. The stand taken by the respondents is that the petitioners do not possess the minimum requisite qualification, thus they are not eligible for the release of grade as per the existing Recruitment Rules.
3. Learned counsel for the petitioners submits that the petitioners are entitled to the benefit of pay scale with arrears attached to the post of Inspector which they were holding since 1996, under J&K Fisheries (Subordinate) Service Recruitment Rules 1990, prior to amendment made vide SRO 102 dated 23.03.1998.
Viewed thus, writ petition is accordingly disposed of with a direction to the respondents to consider the claim as projected by the petitioners in terms of the Rules in vogue, at the relevant point of time. Let the respondents to consider and decide the matter strictly, under rules, within a period of eight weeks from the date a certified copy of this order along with complete set of writ petition is made available to them by the petitioners against proper receipt.
5. Disposed of as above along with connected MP(s).
Jammu 29.12.2017 Shivalee
(Tashi Rabstan)
Judge
___________________________________________________________________________
SWP No. 779/2004 Page 2 of 2