LAWS(J&K)-2010-10-5

RAJAN WARIKOO Vs. STATE OF JANDK

Decided On October 08, 2010
RAJAN WARIKOO Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) With the consent of learned counsel for the parties, this petition is taken up for final disposal at admission stage. National Agriculture Extension Production (T&V) Programme financed by the World Bank was implemented at the national level. Vide Govt. Order No.607-Agri of 1984 dated 18.10.1984 sanction was accorded to the implementation of the said scheme in the State of Jammu and Kashmir also. Various posts were created under the said scheme, which included 40 posts of Subject Matter Specialists (Sub Divisional Level). Post graduation in the subject was the eligibility set out for making appointment to the said posts. As a sequel to this, vide Order No.410-Agri of 1985 dated 26.07.1985, sanction was accorded to the transfer and posting of 23 Agriculture Assistants/Agriculture Extension Officers and Village Extension Workers, who possess M.Sc qualification, as Subject Matter Specialists against the posts so created.

(2.) The petitioners who were working as Village Extension Workers in the Agriculture Production Department also came to be adjusted against the posts of Subject Matter Specialists on the basis of their post graduation qualification vide Govt. Order No.410-Agri of 1985 dated 26.07.1985. Charge allowance under Article 87-B of J&K Civil Service Rules was sanctioned in their favour. The date of adjustment in respect of petitioners Nos. 2 and 4 was shown as 26.07.1985 and in respect of petitioners 1 and 3 as 10.10.1985. The initial tenure of adjustment was for a period of six months or till the posts are filled up on permanent basis subject to clearance by the Departmental Promotion Committee/Public Service Commissioner, whichever was earlier. This arrangement continued till 1988 when Government included Subject Matter Specialists in the J&K Agriculture (Gazetted) Service Recruitment Rules, 1988, which rules were notified on 02.06.1988.

(3.) Twelve persons who also came to be appointed as Subject Matter Specialists along the petitioners and were initially working as Agriculture Extension Officers, came to be regularized as Subject Matter Specialists at Sub Divisional Level w.e.f. 20.04.1988 and grade attached to the said post was released in their favour w.e.f. 01.02.1988.