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| Fill up 9 promotional posts of scientific officers by Nov 3: HC | | | EARLY TIMES REPORT
Jammu, Sep 04: A Division Bench of Jammu & Kashmir High Court (Jammu Wing) comprising Justice Virender Singh and Justice JP Singh today directed the state to fill-up the promotional posts of Scientific Officers in the Directorate Forensic Science Laboratory Jammu & Kashmir before November 3, 2010. The court held that the arrangement devised by the Government dated January 24, 2007 shall not continue beyond November 3, 2010, even if the promotional posts of Scientific Officers were not filled-up on substantive basis.
This significant direction has been issued by the Division Bench in an appeal filed by Hakim Abdul Rashid & Others Vs Pawan Kumar Abrol and Others in which Pawan Kumar Abrol filed a petition questioning of Government Order No 28(p) Home of 2007 dated January 24, 2007 whereby the sanction was accorded to placement of Nine scientific Assistants as Scientific Officer in their own pay and grade on stop-gap arrangement, subject to confirmation by the DPC/PSC for a period of six months or till the posts were filled-up under rules, which ever earlier, besides a command to the respondents to finalize the seniority list of scientific Assistants of J&K Forensic Science Laboratory and fill-up the posts of Scientific Officers.
The Writ Court allowed the petition and quashed the Government Order dated January 24, 2007 by providing that arrangement devised would cease to operate after three months. The state respondents were directed to finalize the seniority of respondent No 1 and others following in the category of Scientific Assistants, taking into consideration of provisions of Rule 24 (b) of J&K Service Rules. It was observed by Writ Court on finalizing of the seniority, the state respondents would be at liberty to take further action regarding promotion of respondents No 1 and other eligible candidates, four months time was allowed to State respondents to complete the exercise.
Aggrieved by the judgment of Single Judge, the appellants have filed this LPA seeking dismissal of respondent No 1 writ petition and setting-aside the impugned judgment and order.
Division Bench after consent of Advocate RA Jan for the appellants, Advocate SS Lehar with Ajay Sharma for respondent No 1 whereas Gagan Basotra AAG for the state, has taken this appeal for final disposal and DB observed that there is no scope for interference with the view taken by Writ Court. Although in terms of judgment the appellants may continue for a period of three months from the date of judgment, yet considering the appellant’s counsel’s submission and the state counsel’s response thereto, consider it appropriate to provide that the state respondents would complete the process of filling-up the promotional posts of scientific officers before November 3, 2010 and the arrangement devised by the Govt vide order dated January 24, 2007 shall not continue beyond November 3, 2010, even if the promotional posts of Scientific Officers were not filled-up on substantive basis for one or the other reasons. With these observations DB disposed of appeal. JNF |
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