TARIQ AHMED KAKROO Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS is a writ petition, seeking a writ of certiorari for quashing Government Order No. 47 -GAD of 2015 dated 15.01.2015, whereby petitioner has been ordered to report back to the J & K State Power Development Corporation (for short, the Corporation) and the Corporation has been directed to take steps for revival of petitioner's lien against the post held by him prior to his deputation as OSD in the Chief Minister's Private Office vide Government Order No. 301 -GAD of 2009 dated 21.02.2009. Besides, petitioner seeks writ of mandamus for directing respondents to allow the petitioner to serve in the Chief Minister's Secretariat as OSD or to adjust him on some other suitable equivalent post in the General Administration Department. Petitioner also seeks writ of mandamus commanding the respondents to re -designate the petitioner as Deputy Secretary in the Government in accordance with proposal/recommendation made by the Chief Minister's Secretariat and to pay him salary and other allowances available as OSD in Chief Minister's Secretariat.

(2.) HEARD . I have perused the record.

(3.) THE State Government vide Government Order No. 301 -GAD of 2009 dated 21.02.2009 issued by the General Administration Department (GAD)/respondent No. 1, transferred the petitioner and posted him as OSD in the Chief Minister's Private Office at Srinagar on deputation basis. In compliance with this order the Corporation relieved the petitioner from the Corporation on 25.02.2009 to enable him to join his new place of posting. Respondent No. 1 in continuation with the transfer -cum -deputation order dated 21.02.2009 issued Government Order No. 765 -GAD of 2009 dated 15.06.2009, whereby sanction was accorded to creation of a temporary post of OSD in the pay scale of Rs. 10,000 -15,200 (pre -revised -non -plan) in the Chief Minister's Private Office at Srinagar for the purpose of the drawal of salary of the petitioner against the post so created. This order was issued with a condition that: