Excelsior Correspondent
JAMMU, Oct 29: State High Court has stayed the Government Order No 1100 GAD of 2016 dated 15-10-2016 through which Deputy Director Floriculture, Ashok Kumar Gupta was authorized to look after the work of Director Floriculture, Jammu in addition to his own duties till further orders.
The stay was granted by Justice Ashok Aradhein a writ petition filed by Sunil Misri and Pran Dullo.
While granting the stay, Court observed that it has considered the submissions made by the learned counsels for the parties and even assuming that the respondent No 3 is holding the substantive post of Assistant Floriculture Officer, the fact remains that the petitioners are senior to respondent No 3.
The court also observed that it is pertinent to mention here that by order dated 21-8-2015, the charge of the post of Director Floriculture was given to respondent No 3, however, the same order was rescinded vide order dated 25-2-2016.
While making a reference to Supreme Court ruling in case of State of Uttaranchal and another (supra) has held that even while making adhoc arrangement, the same can’t be at the whims and caprices and the seniority of the employees should be taken into consideration.
Maintaining that the respondent number 3 is junior to the petitioners, the Court further observed that the decision of the SC, the operation and effect of the impugned order dated 15-10-2016 is stayed.
The Court also issued directives to respondent No 1 and 2 to make arrangements to look after the post of incharge Director Floriculture by taking into account the seniority of the persons who fall within the zone of consideration for appointment as Director Floriculture.
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