AMIT SARAF Vs. SKUAST

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir prays for issuance of directions to the respondents to relieve the petitioner from the post of Field-cum-Laboratory Assistant so as to enable him to join on the post of Horticulture Development Officer in the department of Horticulture, Government of Jammu and Kashmir, pursuant to his selection and appointment as such vide Government order No. 53-Agri of 2012 dated 08.02.2012. However the University-respondent No.1 did not relieve him by urging that the petitioner was required to serve the University for a period of five years which was an implied condition imposed on him for his PhD programme. It necessitated the petitioner to approach this Court which would be further clear from the facts as noticed in the following paras. The petitioner was appointed as Field-cum-Laboratory Assistant in Sher-e-Kashmir University of Agricultural Sciences and Technology- respondent no.1 on 15.10.2003. On 10.11.2003 he was posted in the Division of Pomology & PHT, Udheywalla. The details of his appointment are discernible from that order which has been placed on record (Annexure A). It is claimed that the post of Field-cum-Laboratory Assistant is a non-teaching post as the nomenclature itself makes it evident. During the course of his employment the petitioner applied to respondent no. 1 for undertaking the PhD programme in Post Harvest Technology. The respondents vide memorandum dated 29.10.2008 accorded necessary sanction for deputation of various in-service Field-cum-Laboratory Assistants, including the petitioner, permitting them to undertake PhD programme (Annexure B). It is evident from a perusal of the said memorandum that no express condition to serve the University has been imposed while granting sanction to undertake the PhD programme. It would thus be necessary to read the aforesaid memorandum which reads as under:-

(2.) The petitioner was then relieved on 20.01.2012 and was directed to report to Dean FoA, Chatha for further duties as he had completed all the requirements and research work. He was advised to keep contact with his major advisor during that period.

(3.) When the petitioner was pursuing his PhD studies, he applied for the post of Horticulture Development Officer through proper channel while responding to an advertisement issued by the Jammu and Kashmir Public Service Commission. His application was duly forwarded by Head of the Department of Division of Post Harvest Technology of the University-respondent No. 1. He competed in the selection process and came to be selected for the said post. Consequently he was issued an appointment order dated 08.02.2012 to the post of Horticulture Development Officer. His name figured in the list at serial no. 05 (Annexure-D).