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In 2011, 2014, HC observed that Guroo ineligible for Class-IV, Class-III posts | Oblivious of court verdict, agri officer rebuts ET report | | Akshay Azad Early Times Report Jammu, April 16: Agriculture Production department's Joint Director Engineering Ghulam Hassan Guroo contested the report titled 'Former Agriculture Minister promoted 9 joint directors against 7 posts' which appeared in Early Timeson Thursday. It, however, appears that the officer is oblivious of High Court verdict in the issue. According to Guroo, "Presently order no. 279 is not in force in the department; however order no. 14 Agri of 2010 and subsequent order issued by Agri department are in force". Early Times has extensively reported about the issue for over a month. Contrary to the claims made by Guroo, according to verdict given by the High Court at Jammu on 26/2/2014, in SWP number 182/2014 and CMA number 214/2014, it has been clearly mentioned that respondents Agriculture department shall ensure strict compliance of judgment dated 29/4/2011 rendered in case of Parveez Ahmed versus State. Also the judgment dated 8/4/2010 passed in the case of Chiran Jeewan Razdan versus State and others observe that government order no. 279 Agri of 2008 dated, 7/10/2008 shall remain in force subject to outcome of the final decision to be taken by the government. The court verdict explicitly mentioned that the order no. 279-Agri of 2008 dated 7/10/2008 shall remain in force, contrary to the claims made by Guroo. Guroo also claims that the order no. 14-Agri of 2010 dated 29/1/2010 was in force, but the HC judgment says, "The said direction shall be implemented in its letter and spirit irrespective of government order no. 14-Agri of 2010 dated 29/01/2010 as was issued in compliance to the interim directions. Now the writ petitions stand disposed of vide judgment quoted above, therefore the interim order has ceased to be in operation". Moreover, the HC has clearly mentioned that respondents shall ensure strict compliance of judgment dated 29/4/2011 rendered in case of Parvez Ahmed versus State and others. In the judgment dated 29/4/2011, High Court in Srinagar, in SWP no. 1350 of 2006 mentioned that petition SWP no. 1415 of 2008 has been filed by four petitioners namely M. Mubarak Reshi, Ghulam Hassan Guroo, Sajad Ahmad Shah and Farooq Ahmad Mandoo. On page 34 of the same judgment, HC while mentioning about Guroo observed that he holds the posts of SMS-II Class-V category 2(d), he was initially appointed in 1983 in Class VII. He completed his post graduation in 1988 and was elevated to Class VI class category 1 (a) as SMS-III vide govt order no. 376-Agri of 1991 and subsequently grade was released in his favour w.e.f 3/6/1991 vide govt. order no. 511-Agri of 1992. The judgment further reads, "The petitioner (Guroo) under order no. 279-Agri of 2008 has been found eligible for promotion to Class-VI, category 1 (a) SMS-III on 25/9/1989 though he was junior to other officers. He was elevated to Class-V category 29 (d) vide govt. order no. 409-Agri of 1994. Order no. 279-Agri of 2008 is only reconfirmation his position in Class-V category 2(d) w.e.f 25/9/1994 strictly as per Recruitment Rules." "The officer under the Recruitment Rule of 1988 is not eligible to Class-IV and Class-III as he possesses M.Sc Agronomy which is not required discipline for promotion to Class-IV category 1,2 and to Class-III category 1,2,3,4(a) 6 but is eligible for Class-I-II category 5 where he is too junior for consideration to said class and category from the feeding cadre," the court verdict adds. Talking to Early Times, Guroo said the state government has filed a LPA in double bench of High Court against the single bench's decision. Guroo evaded a direct reply when asked whether the decision of single bench was not valid until the decision of double bench comes. "The government can only reply," Guroo said. |
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