AB MAJID WANI Vs. STATE

JUDGEMENT

(1.) THE petitioners by medium of this writ petition challenge the Government order No. 806 -Agri of 1982, discharging them from the Service in pursuance of rule 21(1) of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules. 1956, (here -in -after for short as appeal Rules)

(2.) THE perusal of writ petition reveals that the petitioners were appointed by the Government as the Block Development Officers on temporary basis. They were so appointed on probation for two years and their continuance on regular temporary basis thereafter was subject to their successful completion of probationary period. They had hardly served as such for three months when the order impugned was passed. Allegedly, the order of their appointment was issued with the prior approval of the Chief Minister late Sheikh Mohammad Abdullah, and the then Agriculture Minister Shri Bhaderwahi was not somehow happy with the said order, and therefore, he managed their discharge from the service soon after the death of the former. According to them, the order impugned could not be passed at the whim and caprice of the appointing authority, moreso, when they had not completed the probationary period of their service. The discretion under rule 21(1) of the appeal Rules was to be exercised on some material, as otherwise it would amount to misuse and unbirdled exercise of power which was against the rule of law and the principles of natural justice.

(3.) IN the counter affidavit filed on behelf of respondents, it is admitted that the petitioners were appointed temporarily and the reliance has been placed on rule 21(l)(b) of the Appeal Rules for their discharge from service.