STATE OF J&K Vs. JAGAR NATH

JUDGEMENT

(1.) THIS is an appeal under Cl. 12 of the Letters patent filed by the State of Jammu and Kashmir against the order of a Single Judge of this Court accepting the Writ Petition of Mr. Jagar Nath and eleven others. The facts, which gave rise to this appeal, are fully given in the judgment of the learned Single Judge and it is not necessary to reiterate them in detail but a few facts may be briefly mentioned here.

(2.) MR . Jagar Nath and others, twelve in number, filed a petition under Art. 32 2 -A of the Constitution of India and under S. 103 of the Constitution of Jammu and Kashmir for the grant of a writ of mandamus or any other appropriate writ along with a declaration that the appointment of respondents Nos. 3 to 14 as S. P. T. Superintendents cum Senior Accountants was illegal and Cabinet Order No. 2014 -C of 1956 dated 8 -11 -1956 and order No. 149 -A of 1957, dated 16 -2 -1957 passed by the Accountant -General are ultra vires and ineffective and for a further declaration that the petitioners are in preference to respondents Nos. 3 to 14 eligible for the posts on which these respondents have been appointed. The petitioners alleged that the Cabinet Order No. 2014 -C of 1956 was passed with the object of securing "rationalization of work and increase in the staff of the Audit and Accounts Department." In pursuance of this Order, the Accountant -General passed an order No. 149/A, dated 16 -2 -1957 with a view to implement the reorganization scheme sanctioned by the Cabinet by the aforesaid order. The Accountant General promoted respondents Nos. 3 to 14 as S. P. T. Superintendents in the Accountant -Generals office. The petitioners alleged that the persons appointed did not possess the minimum qualification needed for the posts of Superintendents whereas the petitioners were fully qualified and were eligible to these posts. On behalf of the petitioners it is argued that Cabinet Order No. 2014 -C of 1956 was ultra vires of the provisions of the Constitution inasmuch as Art hit it. 16 of the Constitution. The order passed by the Accountant -General promoting the respondents 3 to 14 was contrary to the provisions of Art. 14 and therefore void and ineffective. The learned Judge allowed the petition of the petitioners and granted them a declaration against the State as prayed for in their petition. The learned Judge further directed the State and the Accountant -General that the petitioners Nos. 1 to 12 be appointed to the posts to which the respondents Nos. 3 to 14 had been appointed.

(3.) IN this appeal, which has been preferred by the State and the Accountant -General through the Advocate General, it is argued that Cabinet Order No. 2014 -C of 1956 was not unconstitutional as it was meant to give representation to the communities, which were not duly represented in the Audit and Accounts Department. The Cabinet Order reads as under: "Sanction is hereby accorded to the 1. Revised set up of the Audit and Accounts Department as shown in annexure A involving creation of extra staff as per annexure B of this order and 2. Direct recruitment of persons including the officials of the Audit Department to the scales of 150 -15 -300 and 100 -7 -135 -8 -175 in the Audit and Accounts, so as to remove communal disparity. 