ISRAR AHAMED vs SHEEP HUSBANDRY on 31 December 2024

ORDER

1. The Original Application has been filed by the applicant making therein the following prayers:-

i. Direct the respondents to implement SO 133 dated 29-03- 2022 in its letter and spirit and ensure that the final seniority list of entire multitasking staff is updated without any further delay ,in light of the order passed by the respondent No.2 vide order dated 27-02-2024 & strictly in terms of Rule 24 ofJ&K Civil Service Classification Control & Appeal Rules, 1965 and till then no promotion on Incharge basis shall be made other than DPC.

ii. Direct the respondents to ensure that the applicants are not being stagnated rather their services be made Farm Specific in violation of SO 133 dated 29-03-2022. The respondents as such may be directed to transfer the applicants from Sheep Breeding Farm to Field Organization and from Field Organization to Sheep Breeding Farm vice-versa on the same analogy as has been done in similarly situated employees of other Districts in terms of order dated 31-01-2024.

iii. Direct the respondents to convene the DPC in terms of the law laid down by the Hon'ble Supreme Court in case titled "Ajit Singh & Ors. V/s State of Punjab & Ors." reported in

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AIR 1999 SC 3471 and consider the case of the applicants for promotion against the next higher post alongwith other eligible candidates strictly in terms of Rules governing the field.

3. Learned counsel for applicants submitted that, the applicants are aggrieved of inaction on part of the respondents who have failed to perform their statutory duties to update the final seniority list of multi-tasking staff despite the order passed by the respondent No.2 vide order dated 27-02-2024 for updation of seniority lists of district cadre posts as it stood on 1/1/2024 .

4. The counsel for the applicant further submits that the applicants have been made farm specific, despite the fact besides the other candidates have been re-designated as MTS in terms of SO 133 dated 29-03-2022. The applicants are subject to discrimination which is unknown to law, the respondents are making transfers/and also in process of granting promotion on officiating basis with charge allowances on the basis of pick and choose and thereby creating class within class which is impermissible under law. Now, learned counsel for the applicant submitted that the applicants would be satisfied if this Original Application is disposed of with a direction to respondents to treat this O.A. as representation of the applicant and decide the same by passing a reasoned and speaking order.

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4. In view of the limited controversy, the OA is disposed of with the direction to the respondents to issue final seniority list of entire multitasking staff for district reasi strictly in light of the order passed by the respondent no 2 vide order dated 27/02/2024 & strictly in terms of rule 24 of J&K civil service classification control & appeal rules, 1965 & accordingly convene the DPC in terms of law laid down by supreme court in case titled Ajit Singh & Ors v/s state of Punjab & Ors reported in AIR 1999 SCC 3471 & consider the case of applicant for promotion against the next higher post along with other eligible candidates strictly in terms of rules governing the field.

5. The respondents are further directed to consider transfer the applicants from Sheep Breeding Farm to Field Organization and from Field Organization to Sheep Breeding Farm vice-versa on the same analogy as has been done in similarly situated employees of other Districts in terms of order dated 31-01-2024. Till then no promotion on In-charge basis shall be made other than DPC.

6. Respondents are further directed to communicate the order so passed to the applicant.

7. The whole exercise shall be undertaken within a period of six week from the date of receipt of a certified copy of this order.

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7. With these directions, O.A. No. 1429 of 2024 is disposed of.

8. However, there shall be no orders so as to costs.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)

MEMBER (A)

MEMBER (J)

Vs/