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| DB deprecates backdoor appointments in J&K, issues guidelines for recruitments | | | Early Times Report
Jammu, Apr 8: A Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur in Public Interest Litigation deprecated illegal/backdoor appointments in Jammu and Kashmir and issued Guidelines for future recruitment.
These very important directions have been passed in a Public Interest Litigation filed by Shiv Shanker Sharma who is a retired Assistant Engineer of the State who claims to be a public spirited person. The contention of the petitioner is that in the State of Jammu and Kashmir about 7893 backdoor appointments were made in about ten departments which led to issuance of Circular No. 09-GAD of 2013 dated 26.03.2013 calling upon the authorities to strictly observe the restrictions as contained in Section 14 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 ( hereafter referred to as 'the Act'). Division Bench of State High Court observed that the action of the State in appointing persons through backdoor is negating the Constitutional, legal rights of the persons who are residents of the State of Jammu and Kashmir and is violative of Article 14 and 16 of the Constitution of India. According to the petitioner, the said action of the authorities is un-constitutional, arbitrary and discriminatory. The illegal appointments/ engagements of various persons were made and some of whom were not possessing the requisite qualifications. The petitioner has stated various instances in his affidavit and ultimately prayed to issue a writ of certiorari so as to hold the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, Act No. XIV of 2010 and being violative of Article 14 and 16 of the Constitution of India and to cancel the appointments made illegally through backdoor methods.
His second prayer is for issuing writ of mandamus directing the respondents to implement and follow in letter and spirit Circular No. 9-GAD of 2013 dated 26.03.2013 and take appropriate action against the authorities/ officers who made various illegal appointments/ engagements all over the State. The third prayer of the petitioner is for issuing a writ of mandamus directing the respondents not to make any such temporary engagements henceforth. His fourth prayer is for issuing directions to the respondents to spell out a transparent and clear policy in terms of ratio of strength at the minimum as per requirement to make appointments on regular basis and on adhoc, consolidated, casual or daily rated workers so as to justify the utilization of money from public exchequer. Division Bench after considering the submissions of the both the sides observed that the appointments/engagements on casual/ seasonal basis in various departments by governmental authorities hereafter is not possible in view of Government Order Government Order No. 43 - F of 2015 "As approved by the Competent Authority, it is hereby ordered that authority to engage casual/Seasonal Labourers to various Departments as delegated vide Government orders mentioned below or any other order is withdrawn with immediate effect." With these observations, Division Bench directed that any appointment, casual, adhoc, temporary/ part time/ regular must be in compliance with Article 14 and 16 of the Constitution of India which is equally applicable as per Section 10 of the Jammu & Kashmir Constitution. If any officer deviates the said principle and give appointment to any person/persons, the same are illegal and the person so appointed will not get any benefit arising out of such illegal appointment/engagement. (JNF) |
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