Decided on September 19,1986

S K Warikoo Appellant
STATE OF JANDK Respondents


- (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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