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Govt denies permanent absorption of Sr Asst in Tourism, invites court wrath
12/24/2016 10:08:16 PM
Avinash Azad

Early Times Report

Jammu, Dec 24: Quashing impugned order of state government that denied permanent absorption of a Senior Assistant in Tourism Department, the High Court has asked it to consider the case within three months.
Hearing both sides, Justice Alok Aradhe observed: "The impugned order (was) passed in contravention of direction issued by this court in SWP number 249/2012. The impugned order is therefore quashed."
Veena Goel, Senior Assistant with J&K Cooperative Wholesale Ltd, during her deputation with Surinsar-Mansar Development Authority in the Tourism Department, had sought her permanent absorption.
Despite repeated recommendations made by the Chief Executive Officer of the Development Authority, the state government rejected the same. However, the petitioner approached the court by filling SWP number 2214/2009.
The court while disposing of the case had directed competent authority to consider the petitioner's plea for her permanent absorption of her services within one month.
The state government however challenged court's order and vide its order dated 4/7/2011 rejected the claim made by the petitioner for her absorption in Tourism Department. "Learned counsel for the petitioner submits that in response to the query made by the petitioner under the Right to Information Act, the petitioner by a communication dated 15.07.2013 was informed that two specific guidelines/orders have been issued for absorption of services of the employees who are on deputation", the order read. However, on the other hand, Senior Additional Advocate General submitted that the petitioner is an employee of a cooperative store and not a government department and on account of personal difficulty expressed by the petitioner, she was sent on deputation. "The period of deputation was extended with the stipulation that the petitioner shall have no right to claim absorption. The petitioner was sent on the basis of her request on deputation in October 2005 and has superannuated in the year 2013 and the order of deputation contains a stipulation that the petitioner shall have no right to seek absorption", the Senior Additional Advocate General argued.
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