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| HC directs govt to appoint 23 candidates as naib tehsildars | | | Early Times Report
Srinagar, Aug 21: The state high court has directed government to consider and appoint aggrieved candidates on the posts of Naib Tehsildars against the 23 vacancies which were reserved in terms of the Court orders for them.
Disposing of bunch of petitions, a single bench of the court comprising Justice Muzaffar Hussain Attar directed the government to issue the appointment orders within four weeks.
"In case of those of the petitioners who might have crossed the upper age limit for entering into Government services, it shall be deemed that relaxation is granted in the upper age limit," the court said.
The petitioners in this fact situation, court said, shall be given all the service benefits including the seniority from the date the private respondents have been appointed on the posts of Naib Tehsildars. "The petitioners, however, will not be entitled to any monitory benefit for the period between appointment of private respondents and till the date of their appointments," the court said.
As per the facts of the case, Service Selection Board had issued advertisement Notification No. 01/2002 on 26th April 2002 whereunder 52 posts of Naib Tehsildars were advertised. The selection process could not be concluded and in the meanwhile, one more Advertisement Notification No. 09/2005 dated 14th December, 2005 was issued, whereunder 39 posts of Naib Tehsildars were advertised. The process of selection initiated in pursuance to the Advertisement Notification No. 09/2005 dated 14th December, 2005 also remained inconclusive and in the meanwhile, SSB issued Advertisement Notification No. 04/2008 dated 26th May 2008, whereunder 20 posts of Naib Tehsildars were advertised.
The selection process culminated in making recommendation in favour of the selected candidates which include the private respondents as well. The selected candidates including private respondents were appointed on the posts of Naib Tehsildars in pursuance to the recommendations made by SSB.
The petitioners feeling aggrieved of the selection and appointment of private respondents filed these petitions, challenging the selection and appointment of private respondent on the ground that they were not eligible in terms of the rules of 1973, of which the schedule was substituted by SRO 178 dated 3rd June, 2003, inasmuch as, the private respondents had not passed Matric in Urdu as one of the subjects. In all these petitions, the Court had directed for reserving the 23 posts of Naib Tehsildars.
"In the facts of this case there are two ways to provide relief to the petitioners. One mode is to quash the selection of the private respondents and the other mode is to maintain the selection and direct the official respondents to appoint the petitioners on the posts which stand reserved in terms of the court orders," the court observed before disposing the petition with the direction to appoint the petitioners. |
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