STATE OF J&K Vs. RAJEN WARIKOO & ORS.

JUDGEMENT

(1.) The instant appeal preferred by the State of Jammu and Kashmir is directed against judgment and order dated 08.10.2010 rendered by the learned Single Judge of this Court. While allowing SWP no. 02/2006 (Rajen Warikoo and ors. v. State of J&K), the learned Single Judge has issued directions to the appellant to regularise the services of the writ petitioner-respondents against the post of Subject Matter Specialists with effect from 1988 in relaxation of Recruitment Rules known as the Jammu and Kashmir Agriculture (Gazetted) Service Recruitment Rules, 1988 (SRO 179 of 1988) (for brevity "the Recruitment Rules, 1988').

(2.) Brief facts would be necessary to put the controversy in its proper perspective and to appreciate the legal issue raised. In fact, it is the second round of litigation. The writ petitionerrespondents were working as Village Extension Workers in the Agriculture Production Department.

(3.) Before embarking upon the discussion based on the Recruitment Rules, 1988, it is necessary to point out that the post of Subject Matter Specialists on which the writ petitioner-respondents were given charge were not covered by the Rules. These posts had come with the scheme of National Agriculture Extension Production (T&V) Programme financed by the World Bank which was implemented at the National level. The Jammu and Kashmir Government vide order no. 607-Agri of 1984 dated 18.10.1984 accorded sanction to the implementation of the scheme in the State. Under the scheme various posts were created which included the post of Subject Matter Specialists (Sub Divisional Level). For appointment to the aforesaid post, a person was required to be postgraduate in the subject concerned. Consequently sanction was accorded vide order no. 410-Agri of 1985 dated 26.07.1985 for transfer and posting of 23 Agriculture Assistants, Agriculture Extension Officers and Village Extension Workers as Subject Matter Specialists against the posts so created. All of them possessed M.Sc qualification and the writ petitioner-respondents were some of those persons. In other words, the parent cadre of the writ petitioner-respondents was Village Extension Workers' within the meaning of the Recruitment Rules, 1988.