V.K. Choudhary And Ors vs Ut Of J&K And Ors

This writ petition is preferred against the order dated 25.08.2020 passed by the Central Administrative Tribunal, Jammu Bench (hereinafter referred

to as “the Tribunalâ€) in O.A No. 061/531/2020 and M.A No.061/520/2020. It is alleged that the Tribunal while passing the order did not consider

the facts in entirety and proceeded to pass the order impugned, which was not sufficient to protect the interest of the petitioners.

The grievance of the petitioners is that the petitioners, who are working as Veterinary Assistant Surgeons in their substantive capacity, have been

denied the benefit of seniority for working against higher positions, whereas benefits had been conferred upon the private respondents even when

most of them were junior to the petitioners, but have been made to work against the higher positions of Sheep Development Officer Category-V,

District Sheep Husbandry Officer Class-IV, as also against the post of Deputy Director.

It was urged that the incharge arrangement is nothing, but an attempt to confer undue benefits without making promotions on substantive basis on

the basis of seniority.

It was also urged that even for purposes of making incharge arrangements, the seniority of the officers ought to have been considered.

Learned counsel for the petitioners vehemently urged that in making the incharge arrangements against the higher post, not only the rule of seniority

had been violated, but the arrangements were also in violation of Rule 19 (4) of the Jammu and Kashmir Reservation Act, 2004, as also the Apex

Court judgment in the case of “Suraj Parkash Gupta Vs. State of J&K and ors., reported in AIR 2000 SC 2386â€, which specifically laid down that

no incharge arrangements be extended beyond the period of 09 months.

On a perusal of the order passed by the Tribunal, it can be seen that the Tribunal on the very first date of hearing on 25.08.2020 had admitted the

OA and while issuing notice had also directed the official respondents that any assignment of additional charge or any arrangement of incharge basis

would be strictly in accordance with the relevant provisions of law and in particular Sub-rule 4 of the Rule 25 of the J&K Civil Services

(Classification, Control and Appeal) Rules, 1956 (in short, „the Rules of 1956’). The order further directs that it could not resort to the

assignment of such duties to the officers in violation of their seniority.

On a bare perusal of the order impugned, it, therefore, thus transpires that the Tribunal had applied mind to the issue at hand and directed the

respondents to strictly comply with the provisions of Rule 25 Sub-Rule 4 of the Rules of 1956, which, inter-alia, envisages that the temporary

promotion made in public interest owing to an emergency and in no case, should exceed three months on each occasion. In our opinion, this takes care

of the grievance of the petitioners, as the petitioners‟ main grievance appears to be that the incharge arrangements have not only been perpetuated,

but further arrangements have been made in higher positions, conferring undue benefits on the private respondents. Although the petitioner does not

feel satisfied with the order in its entirety and perhaps wanted the Tribunal to stay all interim arrangements, which have been continued and against

which positions, the private respondents were working, yet we feel that in the estimation of the Tribunal, that stage has not arisen at the very outset

and, therefore, while admitting the OA, the directions were issued to a limited extent. We also feel that if we were to undertake an exercise to

consider every aspect of the so called illegality committed by the official respondents for purposes of determining the extent of interim relief, which

ought to have been granted to the petitioners herein, it would make the proceedings before the Tribunal academic. We feel that that such course of

action may not be just and proper. We find no perversity in the order impugned and leave it to the petitioners to approach the Tribunal for disposal on

merits.

Disposed of accordingly along with connected CM(s).