Early Times Report
JAMMU, Oct 15: State High Court directed that Interim/ adhoc/ stop gap arrangements shall not be resorted to, however, such arrangements, on exigency, shall be filled up from amongst the eligible Officers on the basis of seniority and shall not be, at any stage, continued for indefinite periods of time.
Justice Ali Mohammad Magrey while disposing of a petition filed by Abdul Majeed Sheikh challenging the validity of order dated 20th of August, 2019, in terms whereof, the respondent No.2, while relieving the petitioner from the additional charge of Sale Centre Nichhama, Tawseef Ahmad Wani, Incharge Store Keeper FCI, has been directed to take over the additional charge of Sale Centre Nichhama.
Justice Ali Mohammad Magery observed that the petitioner, in the capacity of an Incharge Storekeeper, has to serve as per the requirement of his employer in view of the mandate of the Classification, Control and Appeal Rules, however, having regard to the fact that there have been a series of orders issued by the respondents regarding the assignment of charge of Sale Centre, Nichhama, this writ petition, with the consent of the learned counsel for the petitioner, is disposed of by directing the respondent No 1 to look into the matter as to how the respondent Nos 2 and 3 are making adhoc/ interim/ stop gap arrangements with reference to the charge of Sale Centre, Nichhama and, thereafter, withdrawing the same without any reason leading to unnecessary litigation.
The respondent No 1 shall, besides ensuring that all the arrangements are made by the respondents with respect to transfer/ adjustment on any post strictly in accordance with the law and the rules governing the field, also make sure that the petitioner is posted commensurate to his status.
Before parting with the instant case, Justice Ali Moahmmad Magrey observed that "I may hasten to add here that while considering this matter it has come to the notice of this Court that the Directorate of Food, Civil Supplies and Consumer Affairs is not discharging its functions in tune with the mandate of rules/ law governing the subject in so far as the transfers/ adjustments of the officers/ officials of the Department are concerned.
It has been noticed that sometimes the arrangements are made purportedly in the interest of administration and smooth functioning of the Department, but, only after within a short span of few days, same are again changed. This Court fails to understand as to how the respondent Department is regulating its administration in the larger public interest.
The other aspect of the matter, which keeps cropping up before this Court, is that the Department is adhering to interim/ adhoc/ stop gap arrangements for filing up the posts borne on the establishment of the Department, which, too, is not permissible in terms of the relevant laws and the rules.
The Supreme Court, in a catena of judgments, has also deprecated the practice of continuing the interim/ adhoc/ stop gap arrangements for indefinite periods of time, therefore, the Department could give a serious thought on the mechanism adopted by it as regards the transfer/ adjustment of its officers/ officials.
In this backdrop, this Court, while disposing of the instant petition, has, keeping in view the interests of the Department as well as of the general public, thought it just and directed that all the gazetted/ non-gazetted posts borne on the establishment of the Department, be those under promotional quota or under direct recruitment, shall be filled up on regular basis in tune with the mandate of relevant recruitment rules and the law governing the subject and further directed that interim/ adhoc/ stop gap arrangements shall not be resorted to, however, such arrangements, on exigency, shall be filled up from amongst the eligible Officers on the basis of seniority and shall not be, at any stage, continued for indefinite periods of time. (JNF)