High CourtsSingle Bench(2001) 01 J&K CK 0011

Kirpal Singh vs State

Jammu And Kashmir High Court · Decided on 1 January 2001 · Citation: (2001) KashLJ 275

HON’BLE JUDGES
Arun Kumar Goel, J
CASE NUMBER
Service Writ Petition (SWP) No. 319/2001

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Judgment

16 paragraphs · 299 words
1.

This writ petition has been taken up for final disposal with the consent of learned counsel for the petitioners and also with that of Sh. D.S.

Chowhan who has been directed to put in appearance in this case.

2.

What emerges from the facts detailed in the writ petition is that the post of Conservation Assistant in Dogra Art Museum, Old Secretariat,

Jammu has fallen vacant. This is to be filled in as per J and K Archives, Archaeology and Museums (non gazetted) service Recruitment Rules,

1991.

3.

At the time of hearing Sh. Sethi stated that his client will be satisfied if a direction is issued to the respondent to fill in the post of Conservation

Assistant strictly as per aforesaid Rules of 1991 promulgated vide SRO No. 39 of 1991. According to him, if the post is to go to a promotee,

eligible person(s) under the rules may be considered and if found suitable may be promoted and in case it is meant for direct recruitment,

respondents may make the recruitment accordingly.

4.

This prayer seems to be innocuous and Sh. Chowhan while denying the correctness of the facts pleaded in the writ petition has stated that his

clients are given otherwise in law bound to follow the SRO 39 (supra) while promoting/ appointing Conservation Assistant. Writ petition is

disposed of accordingly directing the respondents to fill in the post as stated hereinabove.

CMP No. 367/2001

5.

No orders in view of the orders passed in the main matter.

6.

It hardly needs to be clarified that if some adhoc/ stop gap arrangement for this post is to be made by the respondents, in such a situation claims

of eligible candidates will be kept in view by the respondents keeping in view their experience and seniority.