HIGH COURT OF JAMMU AND KASHMIR
Click here to view full judgement.
(1.) SHORN of un -necessary detail the petitioners case is that as senior most Store Keeper he was given charge of Inspector for certain food
stores in District Kargil under order no. ADES/K/Estt/2002 -03 dated
23.11.2002 passed by Assistant Director on recommendation of SDM Zanskar with approval of Dy. Commissioner Kargil in his own pay and grade.
Grievance projected is that respondents intend to change this temporary
arrangement so made by some other temporary arrangement which petitioner
believes would be prejudicial to him as he has accrued the right to
continue in the post till regular arrangement is made for the same,
particularly because nothing adverse has come on record against him.
Accordingly, he prays for a direction to respondents to continue him in
the temporary arrangement and pay him the charge allowance for same.
(2.) IN their reply the respondents while admitting that petitioner was given the charge of Inspector for certain food centers in Kargil
District plead that since he is not holding the post of Inspector on
substantive basis he had no right to continue on the same as the post was
required to be filled up on substantive basis. During course of
submissions counsel for parties have reiterated their respective
(3.) I have heard learned counsel and considered the matter. Admittedly the petitioner is functioning as incharge Inspector for the
food stores of "Abran" "Phay" "Tongorie" "Karsha" and "Sani" under orders
of Assistant Director of respondent -department in his own pay and grade,
which perse does not vest any right of continuation in him on the post.
At the same time, the respondents also may not be acting properly by
substituting the petitioner by another adhoc arrangement which in terms
would not make any sense.
Accordingly and in totality of circumstances, the petition is disposed of with an observation that respondent -department shall fill up
the post of Inspector against which petitioner claims to be acting as
incharge on substantive basis within two months from now. Should that not
be possible for some administrative reason then charge of the post may be
given to the official who would otherwise be eligible for promotion
thereto interms of rules and policy holding the field.;
Copyright © Regent Computronics Pvt.Ltd.