HAFIZULLAH MIR Vs. STATE OF J&K
LAWS(J&K)-1999-9-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 15,1999

Hafizullah Mir Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) THE petitioners are the law -graduates. They were appointed as Public Law Officers on non -gazetted cadre vide the orders dated 02 -03 -1974 (Annexure P -l to Annexure P -6). These appointments were made on the recommendation of the State Recruitment Board. The recruitment orders provided that the petitioners were to be entitled to stipend of Rs. 220/ - per month for the first year of their appointment whereafter they were to under -go the course of training in the Revenue Training School as per the prescribed programme. The appointment orders further provided that on completion of the said training course the appointees will be posted to Tehsil offices etc.
(2.) THE Government vide its order No. 2278 -GD/74 accorded sanction to the creation of eighty temporary posts of PLOs, in the pay scale of Rs. 370 -15 -400 -EB -20 -580, in the Law department with effect from 01 -10 -1974. These posts were created for the adjustment of the stipendiary PLOs who were to be in the said cadre under the Administrative control of the Law Department. Powers in respect of postings and transfers of these officers got vested with the Law Department.
(3.) IN pursuance to the above said order the appointment of stipendiary PLOs came to be made vide Government order No.9 1 -LD (A/ 74) dated: 28 -09 -1974. The appointments took effect from 01 -10 -1974. Annexure to this Government order not only indicated the status of the petitioners and other appointees but also indicated their place of postings as such PLOs. This Government order provided that the PLOs appointed vide the annexure shall be deemed to have been transferred to the department/offices to the extent of posting made in each department/office. In terms of this order petitioner Hafizullah Mir came to be posted as PLO in the office of Deputy Commissioner, Srinagar. Petitioner Showkat Ahmad Saleem came to be posted as such PLO in the office of Joint Director, Industries, Kashmir. Petitioner Mehraj -ud -din Wani got posted with the Vigilance Commissioner, Srinagar. Petitioner Manzoor Ahmad Yasvi got posted in the office of Tehsildar, Uri, Petitioners Ali Mohd Shah, Mohd Ramzan Rather, Mohd Hafiz Bakshi, Zahoor Ahmad Bhat and Ab. Rehman got. in terms of this order, posted in the office of Chief Engineer PWD, R&B, Srinagar, Law -Department, Deputy Commissionerâ„¢s office Srinagar, Tehsildarâ„¢s Office, Sopore and Deputy Commissionerâ„¢s Office Anantnag respectively. The Government vide its order No. 1870 -GD/81 dated 11 -11 -1981 transferred the 80 PLOs partly to police department and partly to Revenue department. Thirty posts of PLOs were transferred from Law Department to the Police Department and 42 posts of the PLOs got transferred from Law Department to the Revenue Department along with the incumbents. The PLOs who thus got transferred to the Police Department got redesignated as Prosecuting Inspectors while as the PLOs transferred to the Revenue Department came to be redesignated as Naib Tehsildars.;


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