ZAKIR HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) The case set by the petitioner is that respondents issued advertisement notice No.DDCK/02 of 2008 dtd. 5/3/2008 inviting applications for the post of Gram Rozgar Sewak Panchayat Qaderna-A Block Marwah under NREGA and the petitioner being eligible applied for the same along with other candidates. The respondents after scrutiny vide notice No.DDCK/NREGA/ GRS/3014/2009-10 dtd. 3/12/2009 issued short list of the candidates. The petitioner accordingly along with other candidates appeared in the written as well as viva test and obtained 34.50 points and figured at Sr. No.2 in the merit list. The claim projected by the petitioner is that he should have been shown at Sr. No.1 in the said merit list as the candidate figuring at Sr. No.1 had obtained just 28.50 points. It is the further case of the petitioner that respondents issued engagement Order No.DDCK/06 of 2010 dtd. 15/2/2010 engaging other candidates and the petitioner was excluded despite having higher merit. Accordingly, feeling aggrieved of the said action of the respondents, petitioner served a legal notice upon the respondents calling upon them to recall the order and appointed/engage him in place of one Ghulam Rasool Sheikh S/o Bhadur Sheikh figuring at sr.no.1 in the said list having obtained only 28.50 points.

(2.) It is further pleaded that thereafter respondents issued an order No. DDCK/NREGA/117-23 dtd. 3/7/2010 whereby he was engaged as Suporting Staff (Gram Rozgar Sewak) in Block Marwah. It is stated that the Assistant Commissioner Development, Kishtwar, issued a communication vide No. ACDK/MGNREGA/2010-11/1792-99 dtd. 21/8/2010 directing the Block Development Officer to disengage the supporting staff/ GRS engaged under MGNREGA without proper selection with immediate effect. The petitioner claims that he has been selected through a proper selection process and has been paid salary for the months of August, September and October, 2010, however, from November, 2010, the petitioner has not been paid the salary on account of directions of the Assistant Commissioner Development, Kishtwar (supra). The petitioner submits that no order of dis-engagement has been issued in his favour, however, he is not being allowed to work and his salary has also not been released in his favour from November, 2010. The said action of the respondents is being challenged by the petitioner through the medium of the present writ petition and praying for quashing the order No.ACDK/MGNERGA/2010-11/1792-99 dtd. 21/8/2010 issued by the Assistant Development Commissioner, Kishtwar, and directing the respondents to allow the petitioner to continue on the post of Gram Rozgar Sewak with further direction to release the salary in his favour with effect from November, 2010.

(3.) It is pertinent to mention here that during the pendency of the writ petition, the same was transferred to CAT, Jammu Bench, vide order dtd. 15/6/2020 in terms of Notification No. G.S.R. 267(E) dtd. 29/4/2020 read with Notification No. G. S.R. 317(E) dtd. 28/5/2020, issued by the Ministry of Personnnel, Public Grievances and Pensions (Department of Personnel and Training). However, by virtue of order dtd. 22/2/2021, the CAT, Jammu Bench, returned the writ petition to this Court by holding that since the case pertains to MNREGA and MNREGA has not been brought within the jurisdiction of the Tribunal by a notification to be issued by the Central Government under Sec. 14(2) of the Administrative Tribunal Act, 1985, the Tribunal cannot assumed jurisdiction in respect of any service matter pertaining to the MNREGA under the Act.