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Judgment
Petitioner has questioned engagement of respondents 4 and 5 who have been engaged as drivers on dailywage basis in terms of order bearing no. DCTK/18/607 dated 26.12.2018 issued by Principal, Government Degree College Tangdhar, Karnah, on the ground that the Principal, respondent no. 2 herein, has by misuse of his authority engaged these respondents on the recommendation of the MLA Karnah and the local MLC.
Perusal of the impugned order reveals that two buses were purchased by the college from the funds made available to them by the MLA Karnah and the local MLC out of the constituency development fund. The order further reveals that the respondents 4 and 5 were engaged as drivers on daily wage basis on the recommendation of the MLA Karnah and the local MLC and on the direction of the Director Colleges, Higher Education Department.
Admittedly, the engagement is for rendering the services as drivers and the wages to be drawn by them shall have a bearing on the public exchequer.
The petitioner has also laid a claim for his engagement as a daily wager on the ground that he has donated 10 marlas of land for construction of the college, which is borne out from the letter of the Principal bearing no. DCTK/18/312 dated 22.6.2018 that has also a reference to admission of Sub Divisional Magistrate Karnah to this extent.
Learned counsel for the petitioner submits that the benefit has accrued to the petitioner under clause (b) Rule 11 of J&K Casual and Other Workers - Regular Engagement Rules, 2017. Mr. Asif Maqbool, who is incidentally available in the court, submits that the benefit is only available to the land donor who has donated a minimum of one kanal of proprietary land to the government. Prima facie the petitioner made a case for interim relief.
Notice.
Notice waived by Mr. Asif Maqbool, learned GA on behalf of respondents 1 to 3
Notice shall go to respondents 4 and 5.
Meanwhile, subject to objections and till next before the bench, the engagement of respondents 4 and 5 shall stay. The official respondents shall explore the possibility of engagement of the drivers on dailywage/ consolidated/contractual or need basis by making advertising from the local area.
In view of the urgency expressed by Mr. Maqbool, learned GA, with reference to the need of the drivers, the Principal, Degree College, Karnah, respondent no. 2, is authorised to issue a short-term advertisement of one week so that the engagement of the eligible candidates is made within 15 days. Till the engagement of the eligible candidates is made, the present arrangement of the respondents 4 and 5 shall remain in force. It is further directed that while making engagements, the petitioner shall also be considered.
It needs to be mentioned here that it has often been noticed that the funds made available to the government departments by the MPs, MLAs and MLCs through their constituency development fund, are utilized for purchase of vehicles in the shape of buses, trucks, ambulances, vans, etc. and construction of buildings, etc. Afterwards these departmental authorities engage people as drivers, chowkidars, sweepers or on other class-IV positions on the recommendation of these elected representatives. The settled principle of law is that any post/position in the government including the engagement of the daily wagers, belongs to the public. Therefore, in the spirit of implementing the public policy on legitimate expectations and to follow the mandate of Articles 14 and 16 of the Constitution, it shall be notified to all concerned officers by the Chief Secretary of the State to desist from making such arrangements on the recommendations of the elected representatives without following the procedure for making such engagements/selections.
Registry shall convey this order to the Chief Secretary J&K State, copy whereof shall also be provided to Mr. Maqbool, learned GA, for compliance.
List on 3rd July, 2019.