S K WARIKOO Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
S K Warikoo
STATE OF JANDK
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(1.) THIS writ petition has chequered history. It was heard on 18.9.1985. Subsequently request for reopening was made on behalf of respondents 2 &
3, Respondents 2&3 had engaged a junior lawyer, Mr. M.I. Qureshi who wanted to argue the case. He was given time, but thereafter he absented
and a game of hide and seek was played resulting in the abuse of
indulgence granted by this court Mr. CGA was heard on 18.9.1985 on behalf
of respondent No. 1 No. reply affidavit was filed by the respondent No 1
Reply affidavit on the record are filed by respondents 2 & 3. However,
Dy. Advocate General appeared on 11.9.1986 and in fairness to him he
submitted that the augments, if already heard, need not be reopened and
he would not like to add anything to what has been already said by the
CGA on 18.9.1985. He prayed that the case be decided on merits with the
assistance of Mr. Bilal Nazki the case has reached the stage of decision,
otherwise with the type of assistance rendered by respondents 2 & 3, it
was not likely to decide the case. I have noted all this in the interim
order dated 11.9.1986.
(2.) PETITIONER claims to be an employee of respondent No. 2 and his case is as under:
(3.) BY virtue of order No. IDC/73/75 dated 1.11.1973 he was to officiate as secretary of the corporation from 1.11.1982 i.e. from the
date handed over the charge of P.A. till further orders In this order
mention of petitioners confirmation as Administrative officer with effect
from 17.6.1972 is also made. Thereafter the petitioner by virtue of order
dated 10.3.1981 (order No. 121 -GR of 1981) was ordered to be transferred
to the J&K small scale Industries Development Corporation Ltd. Jammu by
the Secretary to Govt Industries and commerce Deptt. Immediately
thereafter i.e. 19.5.1981 by order No.233 SICOP of 19.51981 he was
transferred to District Industrial Centre, Jammu and was to get his pay
from the SICOP. This order also is issued by the Secretary to Govt.
Industries and commerce Department. Petitioner challenges the orders
dated 10 3.1981 & 19 -5 -1981 referred to above in this writ petition.
Petitioners case is that he continued to hold the post of Officiating secretary in the SI DCO till 16.3.1981. In this manner he had
worked as Secretary for a period of more than seven years without any
interruption or adverse remarks. So under the regulations of the
corporation, he will deemed to be secretary of the corporation. The
Secretary Industries and commerce of respondent No. 1 is said to have
transferred the petitioner twice in quick succession by virtue of
impugned orders referred to above, and these orders are said to be bad,
illegal and violative of petitioners rights. They are challenged as being
ultra vires of the constitution? It is stated that SIDCO has its own
rules called the J&K State Industrial Development corporation Ltd.
Service Regulations which came into force with effect from 16.9.1969 and
the said corporation is a body corporate and autonomous in character
having a Board of Directors. Petitioner being an confirmed employee of
the said corporation is governed by the rules of the corporation. He
being confirmed Administrative officer of the corporation and then
secretary, could not be Transferred by the Secretary of Respondent No. 1.;
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