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| Division Bench cautions department of power development to adhere to recruitment rules | | | Early Times Report
JAMMU, Nov 7: A Division Bench of the Jammu & Kashmir and Ladakh High Court, consisting of Justice Sanjeev Kumar and Justice Mohan Lal, has issued a caution to the Department of Power Development (PDD). The bench advised the department to be careful in the future and strictly adhere to recruitment rules, refraining from acting arbitrarily and generating unnecessary litigation for the courts. The officials were warned not to flout recruitment rules in the future, as such actions could lead to departmental action against the officers responsible for deliberate deviations from the rules.
This order comes in response to a Letters Patent Appeal (LPA) in which the appellants challenged a judgment passed by a Single Judge of the High Court. The judgment had dismissed the petition filed by the appellants, who were aggrieved by the seniority list of Junior Scale Stenographers on multiple grounds.
The appellants were appointed as Junior Assistants in the Power Development Department (PDD) through selections by the Jammu & Kashmir Services Selection Board. Subsequently, a promotion was granted to respondent No.10 against the post of Junior Stenographer in the year 2006. The recruitment and conditions of service for non-gazetted posts in the Jammu & Kashmir Power Development Subordinate Service are governed by the Jammu & Kashmir Power Development Department (Subordinate Service) Recruitment Rules, 1981.
The Division Bench noted that the official respondents' actions were tantamount to granting a double promotion to respondent No.10. However, they decided not to interfere with this promotion since the appellants had not specifically challenged the promotion of respondent No.10 as Junior Stenographer. Additionally, the writ petition was considered time-barred and dismissed due to gross delay and laches. The cause of action had accrued to the appellants in 2006, while the writ petition was filed in 2014.
The Division Bench upheld the judgment of the Writ Court and found no merit in the appeal, which was consequently dismissed.
This judgment serves as a cautionary reminder to adhere to recruitment rules and avoid arbitrary actions that could lead to unnecessary litigation and departmental action against officers deviating from the rules. |
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