D B SAXENA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application for an appropriate writ to quash an order of the Government by which the post of Research Officer held by the petitioner was suddenly abolished by Government order dated 29 -4 -67 which was communicated to the petitioner by the Secretary to the Government Agriculture Department. The post was abolished from 31 -3 -67.

(2.) THE facts giving rise to this petition may be briefly summarized as follows. In order to streamline the Fisheries Department of the Government of Jammu & Kashmir some posts including that of a Research Officer were created by Government order no. 192 PS dated 38 -10 -61. The post of a Research Officer was created on a temporary basis upto the end of the third plan period. Thereafter it appears that there was some correspondence between the Public Service Commission and the Government regarding recruitment of a suitable person as Research Officer and the PSC recommended to the Government that unless the post was made permanent no suitable person could be made available. The PSC further informed the Government that no suitable person was available locally and recruitment would have to be made from outside the State. (Vide) Annexure A to the petition). It appears that the Government agreed with the suggestion of the PSC and accordingly the post of a Research Officer was advertised in the Government Gazette dated 25 -3 -65. The relevant portion of the advertisement is as follows.

(3.) THE post advertised is permanent and pensionable.