AYAZ MEHMOOD Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioners are seeking quashing of two orders dated 29.10.2018 to the extent it pertains to the adjustment of private respondents 13 to 22 to work in the department of respondents 1, 3 and 5. Petitioners are also seeking quashing of Order No.11- BDOL of 2018 dated 07.12.2018 issued by respondent No.11 to the extent it pertains to adjustment of private respondents No. 23 to 25 to work in Block Lassana. They are also seeking a direction to the official respondents not to allow private respondents 13 to 25 to perform their duties in Rural Development Department. It has further been prayed that official respondents be directed not to terminate the services of petitioners as Gram Rozgar Sewak (GRS), rather allow the petitioners to work as GRS in their respective panchayats and blocks till their services are regularized.

(2.) The facts in brief, as projected in the writ petition, are that the petitioners after proper selection process were engaged as Gram Rozgar Sewak being Additional Supporting Staff in the Rural Development Department against the available posts in various schemes launched by the Central Government under MGNREGA and were posted in different Blocks and Panchayats of District Poonch, thus have been serving as such for the last about ten years. It is averred that vide Govt. Order No.DG-YSSEstt3284-5361 dated 06.09.2018, Director General, Youth Services and Sports, J&K, respondent No.2 herein, directed the District Youth Services and Sports Officer, Poonch, respondent No.4 herein, to deploy the services of five NYCNYK at the disposal of officers of Rural Development Department of Poonch District. It is averred that instead of deploying five NYCNYK, respondent No.4 vide two different orders dated 29.10.2018 directed private respondents 13 to 25 to report to the offices of respondents 6 to 12 for performance of their respective duties in the Rural Development Department. It is averred that both these orders dated 29.10.2018 have the effect of depriving the petitioners from performing their active duties as GRS in their respective Panchayats and Blocks because of adjustment of persons from NYCNYK beyond their quota in terms of order dated 06.09.2018 of Director General, Youth Services and Sports. Hence, the present writ petition.

(3.) Learned counsel appearing for petitioners contended that official respondents 4 and 5 have acted malafide by deploying 13 persons from NYCNYK instead of only five persons in terms of order dated 06.09.2018, which have the effect of depriving the petitioners from performing their duties as GRS.