HC stays Finance Deptt order taking cadre control of PD&MD

Excelsior Correspondent
JAMMU, Oct 4: High Court today stayed the Government Order No.407-FD dated September 20, 2018 and directed that till next date of hearing the cadre controlling authority as also the other service matters of the J&K Economics and Statistical Services shall continue to vest in the Planning and Development Department.
The order was passed in a petition filed by Kamal Kumar Sharma and others, who submitted that J&K Economics and Statistics Cadre of Planning Development and Monitoring Department has its own recruitment rules for Gazatted and Non-Gazatted Services.
“Since its inception, Planning Development and Monitoring Department has been a consistent contributor to the sustainable development and transformation of the State of Jammu and Kashmir. Acknowledging its contribution, the re-orientation of the department was done pursuant to the Cabinet Decision No 17/02/2016 dated 27.04.2016 and a Government Order 207-PD of 2016 dated 29.04.2016 was issued whereby the horizon of the department was enhanced”, the petitioners submitted.
Currently the cadre strength of the Planning Department is 3272 out of which 443 are Gazetted officers, 2322 are Non-Gazetted and 507 form part of ministerial staff of Planning Development and Monitoring Department. In the year 2016 the reorientation of Planning and Development Department was done and another function, that is “Monitoring”, was also assigned to the “Planning and Development Department, they further submitted.
The nomenclature of Planning and Development Department was changed and new name of Planning Development and Monitoring Department was assigned to the erstwhile Planning and Development Department.
The High Court was apprised that the State Administrative Council vide its decision dated 18.09.2018 decided that Planning Development and Monitoring Department to be the cadre controlling authority of J&K Economic and Statistics Service for the time being inter-alia other decisions.
After the SAC decision, the respondent has issued the Government Order impugned bearing No 407-FD of 2018 dated 20.09.2018, clearly designating Directorate of Establishment-II of Finance Department as cadre controlling authority of Economics and Statistics cadre of PD&MD in violation of SAC decision as well as J&K Government Business Rules, 1956, the petitioners submitted.
“Otherwise also, Government Order No 407-FD of 2018 dated 20.09.2018 is against the law and is a non-speaking order which is not even capable of being implemented. Further, the order impugned is also violative of J&K Government Business Rules, 1956. Further, the career of 3272 strong cadre has been put on stake”, the petitioners said, adding “while passing the order impugned, respondent has assumed the jurisdiction not vested in him and merely by an executive order, attempt is being made to circumvent the statutory provisions”.
After hearing Advocate Abhinav Sharma and Advocate Rajesh Bushan in length, Justice Sanjeev Kumar issued notice to respondents returnable within four weeks and ordered that in the meantime, subject to objections and till next date of hearing before the bench, the order impugned shall stay and the cadre controlling authority as also the other service matters of the J&K Economics and Statistical Service shall continue to vest in the Administrative Department of Planning and Development.

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