PARVAIZ ABDULLAH Vs. STATE

JUDGEMENT

(1.) PETITIONERS deputationists seek issuance of writ of Certiorari to quash Government Order No. 34 -RT of 2003 dated 9.6.2003, whereby all the petitioners/deputationists have been repatriated to their parent organization i.e, J&K State Road Transport Corporation (for short SRTC). They further seek to quash their relieving order dated 26.8.2003, passed by the Regional Transport Officer, Kashmir in implementation of the Government order dated 9.6.2003.

(2.) PETITIONERS are the employees of the Jammu and Kashmir, State Road Transport Corporation. On account of the re -organisation of the Motor Vehicle Department, Offices of the Assistant Regional Transport Officers at District level and additional Check Posts were created. To make these offices functional, the requirement of staff was met by getting the staff on deputation from the S. R. T. C. Some of the petitioners were deputed vide Government Order No. 56 -TR of 2000 dated 17.10.2000 and some by the General Manager(Administration) J&K SRTC, Srinagar. In the deployment order, it is specifically stated that the officers/officials shall continue to draw their salary from their parent organization i.e, S.R.T.C. Respondents have repatriated the petitioners to their parent department vide impugned order. Aggrieved of the impugned order, the petitioners seek its quashment on the ground that the petitioners are required to be absorbed in the Motor Vehicle Department as their case for absorption is under consideration of the Government and that there is controversy, between the Administrative Head of the Department and the Minister concerned, with regard to the repatriation of the petitioners. It is also stated that the impugned Order is not a legal Government Order on the ground that it, has not been approved and authenticated by the Minister as the Business Rules,

(3.) RESPONDENTS have filed the reply stating therein that it the Motor Vehicle is denied that the petitioners absorption in Departmenmt is under consideration of the Government. There are no posts in the department for absorption of the petitioners. It is also stated that the Check posts at Nagrota and Manwal, which were being manned by the staff of SRTC have been closed and the requirement of Motor Vehicle Department can be met with by the existing staff of the Motor Vehicle Department. The respondent department is not even making payment of salary to the petitioners for the obvious reasons that there are no posts, therefore, the question of absorption of the petitioners does not arise. The Government has also not approved creation of posts. It is also stated that the petitioners have already been relieved and are not working at present. with the respondents. The Government order has been passed by the respondents quite in conformity with the rules and does not suffer from any vires.