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HC stays promotion list of Jammu province patwaris
7/21/2018 11:03:08 PM
Early Times Report

Jammu, July 21: The Jammu and Kashmir High Court has stayed the Promotion list of Jammu Province Patwaris.
The HC passed directions that if the respondents are contemplating to make promotions to the post of Girdawars and equivalent, they can go ahead but the final promotion list shall not be notified and given effect to till further orders from the court.
These direction were passed by Justice Sanjeev Kumar in writ petition titled Mansur-Ul-Amin and Ors versus State of J&K & Ors filed by 27 Patwaries of Rajouri District who have challenged sub section (2) of Section 10 of J&K Civil Services Decentralization and Recruitment Act, 2010 along with the rule 19 framed there under.
Learned counsel for the petitioners Advocate Ahsan Mirza and Advocate Altaf Hussain Janjua submits before the HC that sub section (2) of section 10 of the Act is ultra-vires as the same besides being arbitrary and being violative of Article 14 and 16 of constitution of India is even contradictory to sub section (1) of the section 10 of the Act.
Learned counsel further submits that even sub section (2) of section 10 runs contrary to what is provided by the J&K Revenue (Subordinate) Service Recruitment Rules, 2009.
Learned counsel argued that the service conditions of the petitioners are governed by the Jammu and Kashmir Revenue Subordinate Service Recruitment Rules, 2009 Promulgated vide Notification SRO 74 of 2009.
As per schedule II appended to the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules, 2009 promotion of a Patwari is to the post of Girdwar.
The post of Girdawar is a divisional Cadre post and promotion to the said post is to be made from amongst the confirmed Patwaries of different Districts, whereas respondents are contemplating to promote the Patwaries as per provision of sub-section (2) of the section of the Jammu and Kashmir civil services Decentralization & Recruitment act, 2010 and rule 19.
This provision is per-se illegal, ultra vires the constitution and takes away the soul and purpose of the Divisional cadre as the said rule prescribes allocation of divisional cadre posts to the district cadre which is not permissible under law.
Justice Sanjeev Kumar observed that the issues raised by learned counsels for the petitioners are prima- Facie debatable and of considerable importance. Justice Sanjeev kumar considered the submissions made by the Counsels and Issue notice in the main petition as well as MP to Commissioner/Secretary, Revenue, Financial commissioner (Revenue), Divisional Commissioner Jammu and Deputy Commissioner Rajouri. Learned judged also passed directions that "in the meanwhile, subject to objections from other side, it is provided that if the respondents are contemplating to make promotion to the post of Girdwars and equivalent, they can go ahead but the final promotion list shall not be notified and given effect to till further orders from the court".
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