BILAL AMIN BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE writ petitioner has called in question the appointment of a deputationist Respondant 4 herein by his borrowing department from the post of an Assistant Legal Remembrance Law Department to the post of the Director Defence Labour Procurement and seeks the following reliefs:

(2.) GOING by usual manner the reliefs prayed for in the writ petition need to be appreciated in seriatim but such course is unworkable, for, reliance by the petitioner on the Jammu and Kashmir Defence our Procurement (Subordinate) Service Recruitment Rules. 1977 (hereinafter called Subordinate Service Rules 1977), is absolutely misplaced because the Director is a gazetted and his appointment is governed by the Jammu and Kashmir Defence Labour Procurement (Gazetted) Service Recruitment Rules 1979 (for short Gazetted Recruitment Rules 1979).In that view of the matter relief sought in clause (iii) of the writ petition extracted above is declined.

(3.) IN respect of prayer (i) extracted above, it is contended by learned counsel for the petitioner that the appointment by deputation is violative of the rules. To dwell upon the contention rule 4 and schedule appended thereto of Gazetted Recruitment rule 1979 assumes significance which is extracted: