JAVID IQBAL BHAT vs GENERAL ADMINISTRATIVE DEPARTMENT on 31 December 2024

ORDER

1. By virtue of the instant OA, the applicant has sought the following reliefs : -

a. An order or direction directing the respondents to consider the induction/recommendation of the applicant for Jammu and Kashmir Forest Service/Jammu and Kashmir Administrative Services under technical quota in terms of Rule 6 of Jammu and Kashmir Administrative Service Rules of 2008 or any other rule governing the field.

b. An order or direction directing the respondents to ensure that the case of the applicant is being recommended/forwarded before the competent authority without any further delay.

c. An order or direction directing the respondents to induct the applicant into JKSFS/JKAS under Technical Quota From the Date the vacancies have fallen vacant with all consequential benefits. The said exercise may kindly be ordered to be completed within some stipulated time

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2. The learned counsel for the applicant submitted that the applicant is aggrieved of the inaction on the part of the respondents who have failed to consider the claim of the applicant for his induction into Jammu and Kashmir Forest Service/Jammu and Kashmir Administrative Services under Technical quota in terms of Rule 6 of Jammu and Kashmir Administrative Service Rule of 2008. However, the applicant in this regard has filed various representation. The facts that would emerge from the pleadings That the applicant is working as Principal polytechnic college as on date, however the applicant was confirmed/regularized against the post of head of the department with effect from 10.10.2011, the applicant has received best Performance Award, have received appreciation letters from various authorities which speak in volumes about the caliber of the applicant. The applicant is eligible/qualifies for induction into JKSFS/JKAS in terms of Jammu and Kashmir Administrative Rules 1979 lately repealed by promulgation of new Jammu and Kashmir Administrative Service Rules of 2008. The applicant has a right to be considered against the post for his induction into JKSFS/JKAS in terms of Jammu and Kashmir Administrative Service rules under technical quota . The applicant also has relied upon the judgement of the Hon’ble High Court passed in SWP No. 9900010/2008 title Dr. Ghulam

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Mohid-uddin Ganai versus State of J&K which covers the case of the applicant as well. The applicant further submits that the Department also was approached by the applicant for recommending his case for induction into JKAS/JKSFS under technical quota. However, the Department also has not bothered to forward the case of the applicant for his induction.

3. Per-contra the learned counsels appearing for respondents vehemently denied the contention of the applicant.

4. Keeping in view the submissions made by the counsel for the applicant ,the case projected by the applicant before this court is that the applicant is due for recommendation under technical quota for induction into Jammu and Kashmir Forest Services /Jammu and Kashmir Administrative service despite the posts under technical quota being available with the respondents.

5. Learned counsel for the applicant submitted that he would be satisfied if a direction is issued upon the respondents to recommend the case of the applicant under technical quota.

6. Keeping in view the limited prayer made by the learned counsel for applicant, this OA is disposed of with the

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direction to the respondents to recommend /consider the case of the applicant for induction into Jammu and Kashmir Forest Services Jammu and Kashmir Administrative service against the available posts under technical quota in terms of Jammu and Kashmir Administrative rules of 2008 within a period of two months from the receipt of certified copy of this order.

7. No order as to cost.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)

MEMBER (A)

MEMBER (J)

Vs/