AB HAMID BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) WHILE working as the Deputy General Manager in the J&K Handicrafts (S&E) Corporation, Shri Shahid Hussain, Respondent NO.2,( herein after referred to as the Respondent ), was in terms of Government order No.171 - Ind. (DOH) of 1987 dated 23 -7 -1987 deputed to the Industries and Commerce Department of the Government of J&K, I hereinafter referred top as the Department) and posted as the General Manager in the District Industries Centre. He came to be absorbed in relaxation of the prescribed qualifications as such General Manager in the Department. This was effected vide Government order No. 265 -Ind. of 1993 dated 6 -10 -1993.

(2.) HIS permanent absorption in the category of General Managers is assailed in this petition, wherein the petitioners are the persons who have been substantively appointed as Managers in the Department. It is claimed that the petitioners were as such Managers eligible to be promoted to the post of General Manager but the Respondentâ„¢s absorption on the post of the General Manager has effected their chances of promotion. It is complained that the representations made by the petitioners against the impugned absorption yielded no results.

(3.) THE respondentâ„¢s absorption in the Department is challenged on the ground that it is violative of the memorandum issued by the Government under No. GAD (SER) -Gen -35/ 1991 dated 23 -12 -1991 in that the absorption of employees of the Corporations deputed to the Government Departments came to be deprecated on the ground that such absorptions set -in unhealthy trends which create not only the administrative problems but also disturb the cadre management. It is further pleaded that the rules governing the service conditions of Gazetted Officers in the Department do no provide for filing up of a post of the General Manager through the mode of absorption of deputationist. The impugned absorption is said to violate the J&K Industries and Commerce Department (Gazetted) Service Recruitment Rules, 1980. (hereinafter referred to as the Rules) in that the Respondent lacked the basic educational qualifications required for a person to hold the post of a General Manager in the Department. The petitioners claim that they are duly qualified and possessed of the educational qualifications but have been deprived by the impugned absorption, of the post to which any one of them could have been promoted.