Excelsior Correspondent
SRINAGAR, Aug 21: Jammu and Kashmir High Court today directed Government to appoint 23 candidates as Naib Tehsildars within four weeks as Government had flouted the norms and appointed in-eligible candidates in their place. However, court granted relief to the selected candidates by not quashing their appointment orders.
Justice MH Attar in an elaborated judgment directed the appointment of petitioners for the post of Naib Tehsildar as 23 posts are lying vacant with the department within four weeks.
“The official respondents are directed to consider and appoint the petitioners on the posts of Naib Tehsildars against the vacancies which stand already reserved in terms of the court orders and appointment orders in this behalf be issued within four weeks from the date copy of this order is served”, court directed.
Court further added in its judgment that if the candidates have crossed the upper age limit then it shall be deemed that relaxation is granted in the upper age limit and they shall be given all service benefits including the seniority from the date the private respondents have been appointed on the post in question.
Court, however, held that petitioners shall not be entitled to any monitory benefit for the period between the appointment of private respondents (selected candidates) and till the date of their appointment.
Court after going through the rules and the arguments of petitioners counsel, senior advocate Bashir Ahmad Bashir said that there are two ways to provide the relief to petitioners (aggrieved candidates), one is to quash the appointment of selected candidates (privates respondents) and direct the authorities to appoint the petitioners on these posts and second is the maintain their (selectees) selection and direct the authorities to appoint the petitioners on the reserved (vacant) posts.
After arguments of senior advocate B A Bashir and referring the law laid down by Supreme Court in various judgments “the second mode would be equitable” said the court and as such without disturbing the appointment of selectees, directed the authorities to absorb the petitioners against vacant posts.
After having discussion, arguments and rebuttals court observed that the petitioners have been subjected to great injustice. “This court as guardian of the rights of the people is duty bound to remedy the wrong to which petitioners have been subjected to by the respondents (selection Board).
Petitioners apart from other grounds have challenged the selection of private respondents (selectees) is that they (selected candidates) were not eligible in terms of the rules of 1973 in as much as they had not passed Matric in Urdu as one of the subjects.
Court in this regard said the question requires to be answered whether for the post of Naib Tehsildar a candidate is required to have passed Matric in Urdu as one of the subjects.
“The Naib Tehsildar, in view of the scheme of the Act of 1996 is the first gross root level officer in the Revenue Department and has to pass mutation, deal with the preparation of revenue record including Girdawari and Jamabandi records are being prepared in Urdu language, which otherwise is state language. The Naib Tehsildar in view of the job functions, thus, has to be a person who can read and write Urdu and it is for the reason that ‘Rule Making Authority’ has prescribed one of the eligibility qualifications having passed Matric in Urdu as one of the subjects”, court said.
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