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| HC directives in reverting of Patwaries from Settlement Organization | | | Early Times Report
Jammu, Mar 27: In a petition filed by Anjum Javed & ors who seeking qashment of Govt Order Rev (NG) 52 of 2015 dtd 09/03/2015 underlining in its preface that 'post of Patwari is a District Cadre Post and the appointments against such posts are being made through Services Selection Board in accordance with the vacancy position of a particular district, Justice Janak Raj Kotwal of J&K High Court Jammu Wing passed various directions to the concerned quarters.
After hearing Advocate ZS Watali appearing for the petitioners whereas AAG HA Siddiqui appearing for the state, Justice Janak Raj Kotwal of J&K High Court Jammu Wing observed that Administrative decisions of the State generally are not amenable to the judicial review and greater latitude is required to be conceded to the State and its instrumentalities in this sphere.
"Judicial review of an administrative decision of the Government in exercise of the jurisdiction of this court under Article 226 of the Constitution is permissible if it is shown that the action of the Government suffers from arbitrariness, favouritism or mala fides, the court observed.
Justice Kotwal, further said, "As no right got conferred on the petitioners by providing their services to Settlement Organization, no right can be said to have accrued in them to challenge the Government's decision of sending them back to their parents Districts. Petitioners' contention that Divisional Commissioner, Jammu has issued a joint seniority list of all the patwaries of the Jammu Division is too illusory to support their case in assailing their reversion to their parent Districts."
"It stands sufficiently explained that even though patwaries are appointed at District level and post of the patwari is a District Cadre Post, a combined seniority list is prepared for the reason that next post in the hierarchy is that of the Girdawar, which is filled up by promotion of patwaries and for that reason a joint seniority list is also prepared, the court added.
Justice Kotwal before disposing of the matter cannot resist taking note of a scenario which attracts my attention from the stand taken by the respondents in their reply.
Government must look into this aspect of the matter also and should issue clarification while applying Government Order dated 09/03/2015 to the patwaries of Settlement Organization. In this behalf petitioners may make a representation to the Administrative Department.
Applications through Government Order dated 09.03.2015 (supra) to the petitioners has been sought on the basis of Government Order dated 18.07.2014 (supra), whereby 3012 posts of patwaries for newly created administrative units have been created by corresponding reduction of 1093 posts of patwaries of Settlement Organization and 218 posts of Agrarian Reforms Tehsils. (JNF) |
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