MASOOD-UR-RAHIM Vs. STATE OF J&K

JUDGEMENT

(1.) THE facts material for disposal of this writ petition may be briefly stated. Mr. G.M. Wani, Special Secretary to Government Agricultural Department Kashmir was assigned the additional charge of Director of Agriculture Department, Kashmir in addition to his own duties. Shri Wani retiring on his superannuation on 30.04.2001 handed over the charge to the petitioner, who happens to be posted at the head quarter as Deputy Director Agriculture (Central). Subsequently, the government issued a communication bearing No. PS/FC/(ARD/167) dated 15.06.2001 directing the Joint Director, (Ext.) Agriculture department Srinagar Kashmir respondent No.5 herein to look after the assignment of the "Director in addition to his own duties till the post of Director is substantively filled up in accordance with the recruitment rules. This order is questioned through this writ petition seeking a writ of mandamus to command the respondents to allow the petitioner to hold the post of Director till the Department Promotion Committee settles the matter with further prayer to restrain the respondents from making any change in the initial constitution of the service so that petitioners seniority is not disturbed.

(2.) NOTICE was issued to the respondents. In response to the notice Mr. MH Attar, learned Additional Advocate General has filed the objections on behalf of the official respondents to the admissibility of the writ petition pleading that services of the petitioner pleading that services of the petitioner are governed by the rules called the Jammu & Kashmir Agriculture (Gazetted) Service Recruitment Rules, 1988, published vide SRO 179 of 02.06.1988 (for short rules of 1988). On the strength of these rules, it is contended that the posts of Chief Agriculture Officer/ Deputy Director Agriculture fall within Class III which is the feeding channel for the post of Joint Director Agriculture, a class II post in which the petitioner is yet to step in, therefore, does not fall within the feeding class/category for the post of Director. It is averred that the petitioner lacks even requisite qualification. Placing reliance on the rules eligibility of the petitioner for consideration to the post of director is disputed. It is further averred that the petitioner is facing an inquiry regarding allegations of embezzlement involving about a sum of rupees one crore.

(3.) THE petitioner has prayed for manifold reliefs and I would like to advert to these reliefs successively. Apprehending change in the initial constitution of the service/seniority a restraint is sought to be placed on the respondents from bringing about an alteration in the seniority of the petitioner, The controversy so raised stands narrowed down by the stand of the respondents who have not only certified the testimony of the initial constitution of service but fact remains that they have based their recommendation made to the Public Service Commission on the said initial constitution of service which fact is reflected at page 12 of the reply filed by the official respondents. This categoric stands of the respondents negates the apprehension of the petitioner urged by him in the writ petition about the probability of change in the initial constitution, therefore, indulgence declined.