November 10th, 2011

HC again stays new recruitment policy

JAMMU: Justice Hasnain Massodi of J and K High Court, Jammu on Thursday kept the much controversial employment order of the State Government in abeyance in which the monthly salary of an employee will be only Rs 3,800 against Rs 12,400.
After hearing Advocate Pranav Kohli, appearing for the petitioner, the Court issued notice to State of Jammu and Kashmir through Chief Secretary, Commissioner Finance and Principal Secretary GAD.
Deputy Advocate General, B.R Chandan, who appeared vice M.I Qadiri, Advocate General, accepted post-admission notice on behalf of all the respondents. The petition was admitted to hearing with the direction that counter affidavit be filed within three weeks and rejoinder within one week thereafter and. It also observed that Court was satisfied that the petitioner on the strength of the averments made in the petition, carved out a case for ad-interim injunction. “So order impugned No 257-F of 2011 dated 27th October, 2011 shall remain in abeyance till objections were filed”, the Court said.
The petitioner Ranbir Singh, who challenged the Government Order No 257-F of 2011 dated 27th October, 2011 in which Advocate Pranav Kohli appeared for the petitioner, submitted that the government has decided to make future recruitment in fixed salary mode in favour of Class IV, Class III and other non-gazetted posts who successfully participated in the selection process initiated in the wake of an advertisement notice issued after 1st November, 2011. According to the order, the aspirants in the Government service appointed in the pay-band-I shall get monthly salary of Rs 3,800 as against Rs 12,400 as salary by the candidates appointed on or before 31st October, 2011.
The government order was challenged on the grounds that order the impugned was prima-facie exploitative in nature and discriminatory in character. It offended public policy and was in conflict with constitutional obligations placed on the respondents to secure justice in all its manifestations to all the citizens included educated, un-employed youth. The government order on the face of it ran contrary to Directive Principles of State policy, enshrined in Article 39 and 43 Constitution of India. The government order left out class I and class II employees and surprisingly was restricted in its operation to Class IV, Class III and other non-gazetted posts ordinarily drawn from disempowered, marginalised, downtrodden and unattended sections of society.
It is worthwhile to mention here that High Court at Srinagar also stayed this order on last Saturday.

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