MOHD AKRAM YATOO Vs. STATE OF J&K
LAWS(J&K)-1999-4-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 26,1999

Mohd Akram Yatoo Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) PETITIONER a store keeper of Food and Supplies Department of the Government, is posted as Storekeeper for sale depot at Chadoora B. In addition to his duties at Chadoora B depot, he was also made to look after the work of Chadoora grainery vide Office Order dated 8 -8 -95, Annexure -P1. At Chadoora grainery, in terms of the office order, he was assigned the duties of stocks, maintenance of accounts and other connected matters. However, an attempt was made to dislodge him from the Chadoora grainery by asking him to present himself in the accounts section of the department at Srinagar for reconciliation of the accounts vide Annexure P2andP3. He challenged his relieving order and instructions of the concerned supervisor and Assistant Director, (Annexure P2 and P3) in SWP No: 4864/96. The writ is pending at pre -admission notice stage before the Court. On petitioners motion in IA1/96, the above relieving order of the petitioner was stayed and he was directed to be permitted to continue to look after the Chadoora grainery vide Annexure P1.
(2.) PETITIONER has moved this motion, CMP 2933/97 for staying the operations of the approval order No; DFSK/PLG/STS/815 -19dated 12 -6 -97 issued by Asstt. Director P&S, Srinagar, approving occupation of a private accommodation for storage of foodgrains at Nagam District Budgam, some distance away at Chadoora and also posting of staff at the hired storage facility at Nagam centre besides seeking directions to the respondents that the food grains for distribution amongst the rationees be made only through Chadoora grainery of which he has been asked to look after.
(3.) COUNSEL for the respondents has not appeared. He is set exparte. Counsel for the petitioner has been heard and matter examined. The contention of the petitioner that hiring of private accommodation for storage of grains at Nagam, some distance away at Chadoora in District Budgam, is for "implementation of their ill deeds", to deprive the petitioner of the work to distribute the food grains at Chadoora grainery besides posting of staff to the Nagam Centre after creating a separate grainery there in order to defeat the rights of the petitioner to continue at his place of posting in pursuance of the Court directions, is devoid of substance and bereft of logic. There is no supporting material even to show prima facie that the exercise of establishing a separate grainery at Nagam and posting of staff is in order to circumvent interim direction of the Court dated 27 -11 -1996 or to deprive the petitioner of his work as store -keeper. The establishment of a grainery or distribution Centre of rationing of Food grains and considerations germane to such decisions, are matters which fall within the domain of the executive. It is for the Government to decide how best to serve the people and where to open the ration depots or provide store facilities for grains. The executive has the expertise in field and are best judges to decide such matters. Essentially such questions are facets of a policy matter, an exclusive domain of the executive, more so, when neither legal malice nor lack of jurisdiction or like issues intervoven with such decision are put forth as grounds of challenge. Even, facts and circumstances required thereto are not pleaded to assail the opening of the centre/grainery at Nagam. Besides, petitioner who is already a storekeeper at Chadura ËœBâ„¢ and continues there for last so many years, cannot claim that he is without work, if his additional work at Chadoora grainery has dried/shrunk due to the work started at the grainery Nagam. After all the petitioner is an employee of the respondents department. The work to be taken and duties to be assigned to him is a matter for the competent authority of the Food and Supplies Department. He cannot be an employee on his own terms and conditions.;


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