KHURSHEED AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved and has challenged order No. SDAO/BLA/ESTT/2013-14/263-65 dtd. 5/6/2013 issued by respondent No.4 (Annexure-K with the writ petition) whereby stipend to the petitioner as Rehbar-i-Zirat was directed to be stopped on the ground that he was not possessing the qualification of B.Sc. Agriculture and, therefore, his engagement as Rehbar-i-Zirat was questionable.

(2.) For better appreciation of the grounds of challenge urged by the petitioner in support of his petition, it is necessary to refer briefly, to the relevant facts:

(3.) The petitioner claims that in response to his engagement, he reported to respondent No.3 and deposited with him all the testimonials including the certificates of Graduation (B.Sc.) as also M.Sc. Agriculture (Plant Protection). Upon verification of the credentials submitted by the petitioner, he was permitted to join. It is submitted that the petitioner, after joining his services as Rehbar-i-Zirat, has performed his duties in various Panchayat Halqas including Patwar Halqa Nandihal. It is further submitted that with a view to give the benefit of regularization to the Rehbar-i-Zirats and their consequent appointments as Village Agriculture Extension Assistants, the Government of Jammu and Kashmir issued Government Order No.235-Agri of 2011 dtd. 4/8/2011 whereby all the Rehbar-i-Zirats, who were possessing valid degrees of B.Sc. Agriculture/Horticulture, were regularized as Village Agriculture Extension Assistants in the pay band of Rs.9300.0034800 with grade pay of Rs.4200..00 The petitioner was, however, not regularized and, therefore, he made two representations; one on 21/6/2013 and second on 12/9/2013. The respondents, it is pleaded, did not take any action on his representations, but instead issued the impugned communication informing him that his stipend would be stopped w.e.f 1/5/2013 and with regard to his qualification, requisite clarification would be sought by respondent No.4.