JAMMU, Aug 20: In a petition filed by 163 Gram Rozgar Sevaks, Monitoring Information System, Technical Assistants and Data Entry Operators belonging to Rajouri and Poonch districts challenging their termination, High Court has issued notices to the Secretary Rural Development Department, Deputy Commissioners of Rajouri and Poonch, Assistant Commissioner Development Rajouri, District Panchayat Officer Rajouri, Assistant Commissioner Development Poonch and District Panchayat Officer Poonch returnable within two weeks.
The notices were accepted in the open court by Deputy Advocate General Arshad Majid Malik appearing for Rural Development Department. The State Counsel was directed to file reply within two weeks.
However, Justice Sanjeev Kumar despite repeated submissions from Senior Advocate Jahangir Iqbal Ganai assisted by Advocate Ahsan Mirza did not stay the operation of the impugned Government Order No.203-RD&PR of 2018 dated August 9, 2018 and also order No.SS/MGNREGA/ ACDR/ 2018-19/3309-33 dated 11-08-2018 issued by Secretary to Government Rural Development Department and Assistant Commissioner Development Rajouri as Deputy Advocate General A M Malik vehemently argued that all the 163 petitioners are backdoor appointees and engaged without any advertisement /selection process.
Senior Advocate Jahangir Iqbal Ganai with Advocate Ahsan Mirza vociferously argued, “the petitioners are working for the last so many years and the State Government is going to terminate their services on the plea that all such engagements have been made in contravention to rules/norms/guidelines framed under MGNREGA”, adding “there are several rules and orders dealing with the regularization of such engagements and till the employees are regularized their engagements are required to be protected”.
The Deputy Advocate General appearing for the State referred judgments of the Apex Court holding that the backdoor appointee has to go from the same door from where he has come and strongly pleaded that the impugned Government order may not be stayed as the same would jeopardize the streamlining process initiated by the State Government.
After considering the submissions of both the sides, Justice Sanjeev Kumar, in the open court, issued notices to the State Government for filing reply within two weeks.