FAYAZ AHMAD PEER Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners were appointed as Procurement Assistants/Cattle Feed Assistants/Accounts Assistants/Marketing Assistants, in the grade of 825-1240 on 06-06-1985 in Kashmir Valley Milk Producers Cooperative Federation (hereinafter referred to as 'Milk Federation'). The Milk Federation established in the year 1982-83 landed in financial crisis and the State Cabinet on 23rd July, 2002 vide Cabinet Decision No. 133/9 decided to scrap the "Kashmir Valley Milk Producers Cooperative Federation" and "Jammu Cooperative Milk Federation" and transfer its land, building and other equipment to the newly set up "J&K Cooperative Milk Producers Federation Limited." The Cabinet also decided to find out solution to adjustment, voluntary retirement and reappointment of the existing employees of the Milk Federation as per details given in annexure-1 to the Cabinet Order. Out of the existing employees of the Milk Federation 44 employees were proposed to be absorbed in Agriculture and allied sectors and 8 other employees in J&K Cooperative Milk Producers Federation Limited to be set up vide Government Order No. 60 ASH of 2002 dated 05.04.2002.13 employees of erstwhile Milk Supply Undertaking, part of the Animal Husbandry Department, on deputation to the Milk Federation were reverted back to the Animal Husbandry Department. The Director Animal Husbandry, respondent No. 2 herein, vide No. DAHK/Estt/14998-15001 dated 15th Dec. 2001 giving details of the staff of Milk Federation submitted a proposal for utilizing the services of left out staff of Milk Federation in the Department of Animal Husbandry subject to the conditions that the adjusted staff shall form a separate entity in the Department and shall not be entitled to any promotion or absorption in the departmental cadres and shall have to work wherever they are adjusted as per their status, cadre, experience and requirement. The respondent No. 2 insisted that the employees shall have to give an affidavit stating that they will not claim any seniority/absorption and other benefits of regular employees in the Department of Animal Husbandry.

(2.) This was followed by a proposal forwarded by the respondent No. 2 vide No. DAHK/Comp-II/14198-99 dated 28.09.2002 suggesting utilization of the left out staff of Milk Federation for operation of centrally sponsored scheme styled as 'Integrated Diary Development Programme (IDDP)'.

(3.) The petitioners and other left out employees of Kashmir Valley Milk Federation were vide circular dated 09.08.2002 asked to give their consent/exercise option for their adjustment in Animal Husbandry Department. In terms of joint proposal submitted by Directorate of Animal Husbandry, Kashmir, and Managing Director, Kashmir Valley Milk Producers' Cooperative Federation, the petitioners gave their consent in the requisite format. However, the matter appears to have made no headway as the Director Animal Husbandry vide his communication dated 28.09.2002 proposed as under: