SIRAJ Vs. STATE AND ORS.

JUDGEMENT

(1.) Interim direction dated 31.08.2008 unless extended, fall out is its termination and extension thereto is vehemently opposed by learned counsel for the petitioners. They being averse to the extension of the interim direction even by a week, it is deemed appropriate to finally dispose of both the writ petitions, wherein a writ is sought for quashing the adjustment of the respondent-Dr. Muhammad Amin Wani as Director Health Services Kashmir with a further prayer to accord consideration to the petitioners for their appointment against the said post. Having heard the learned counsel for the parties, I would like to dispose of the petitions here and now and to appreciate the challenge against the adjustment of the Respondent-Director Muhammad Amin Wani, apposite it is to reproduce the impugned order:

(2.) A bare perusal of the order reveals that the respondent No. 4 is a Project Director, Aids Control Society, J&K, and has been assigned the charge of the Director, Health Services Kashmir in addition to his own duties till further orders. What prevented the Government from assigning the charge to an officer falling within the consideration zone for the post of the Director, reasons have been spelt out in the reply revealing ineligibility of the officers and to overcome the legal impediment it is stated that the Government contemplates amendment of the rules.

(3.) Next it was contended by Mr. Haqani that the Respondent-Dr. Muhammad Amin Wani could not have been assigned the charge because he too is ineligible. If the argument is accepted it would mean that the Government lacks the power to borrow the officers on deputation and has also no power to assign the charge. If that view is accepted, many offices may remain unmanned and consequence would be a chaotic situation, which is certainly not the spirit of the rules nor is it in the public interest. Reverting to the impugned order it is very clear that it is an assignment of additional charge till further orders, which became imperative for the respondents because of non availability of an eligible person in the department, resultantly, assignment of the additional charge to the respondent-Dr. Muhammad Amin Wani, who happens to be the head of the department in the pay scale as is admissible to the post of the Director Health Services, apparently for him it is not an assignment of higher post but charge of an equivalent post. Examining from any angle the official respondents cannot be said to have done any wrong.