DB upholds appointment of Assistant Dir Handlooms
Jammu, June 9: A Division Bench of Jammu High Court has upheld the appointment of Assistant Director Handlooms on Adhoc basis.
Dismissing an LPA the Bench, comprising Justice Hakim Imtiyaz Hussain and Justice Sunil Hali, observed that only grievance set out in the petition was that the appointment to the post was made by not following proper selection. It was not the case of appellant that the private respondent was not eligible both in terms of the qualification or age to be appointed against the post of Assistant Director, the court observed while holding that the appeal is without merit and is dismissed as such.
The appellant had challenged the dismissal order of the single bench, wherein the petition challenging the engagement of private respondent as Assistant Director Handlooms on adhoc basis for a period of six months vide Govt order dated April 26, 1990 - which arrangement continued from time to time - and subsequently the regular appointment vide Govt order dated June 25, 1994.
In the judgment, written by Justice Hali, the court observed that the facts which emerged from the pleadings of the parties are that due to non-formulation of relevant rules, the Public Service Commission refused to make the selection to the post of Assistant Director Handlooms, on the basis of draft rules.
Accordingly Industries and Commerce Department withdrew reference of the said posts to the PSC and engaged the private respondent, who was having Degree in textile engineering, on adhoc basis.
Subsequently sanction was accorded for appointment of private respondent against the post on substantive basis, in relaxation of rules vide Govt order dated January 25, 1994. JNF
Lastupdate on : Wed, 9 Jun 2010 21:30:00 Makkah time
Lastupdate on : Wed, 9 Jun 2010 18:30:00 GMT
Lastupdate on : Thu, 10 Jun 2010 00:00:00 IST
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