Back
2015 Supreme(J&K) 22
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
N. Paul Vasantha kumar & Bansi Lal Bhat, JJ.
Hafizullaha Mir - Petitioners
Vs.
State of Jammu and Kashmir - Respondent
LPASW No. 161 OF 2014 AND LPASW No. 162 OF 2014
Decided on: 02.03.2015
Advocate Appeared:
Mr. S. K. Shukla, Advocate in LPASW no. 161/2014.
Mr. R. K. Jain, Advocate in LPASW no.162/2014
Mr. H. A. Siddiqui, AAG for R-1 to 3
Headnote:
REZ - Regularization of Rehbar-e-Zirat (REZs) - G.O.No.378 Agri. of 2013, G.O.No.235 Agri of 2011 - The court discussed the engagement and regularization of agricultural graduates under the REZ scheme, the policy decisions, and the selection process for regularization. The court emphasized that the engagement did not confer the right to seek regular employment and that the suggestions made by the Administrative Department and Law Department were never approved by the Cabinet, thus not binding the Government. The court also highlighted the importance of considering the financial implications and the modalities of selection for regularization.
Fact of the Case:
The appellants, unemployed agricultural graduates, challenged the order of the Government in G.O.No.378 Agri. of 2013, which provided for the regularization of Rehbar-e-Zirat (REZs) based on qualifications and selection process. They sought regularization based on the year of obtaining their B.Sc. (Agri) degree.
Finding of the Court:
The court found that the engagement under the REZ scheme did not confer the right to seek regular employment and that the suggestions made by the Administrative Department and Law Department were never approved by the Cabinet, thus not binding the Government. The court also emphasized the importance of considering the financial implications and the modalities of selection for regularization.
Issues: The main issue was whether the appellants were justified in claiming regularization based on the year of passing B.Sc (Agri) by relying on the recommendation/note put up by the Principal Secretary, Agriculture Production Department, dated 20.3.2007.
Ratio Decidendi: The engagement under the REZ scheme did not confer the right to seek regular employment. The suggestions made by the Administrative Department and Law Department were never approved by the Cabinet, thus not binding the Government. The court also emphasized the importance of considering the financial implications and the modalities of selection for regularization.
Final Decision: The court dismissed the writ appeals, stating that there were no merits in the contentions to allow the writ appeals.
N. Paul Vasantha kumar, C.J.
1. These LPASWs are directed against the common order dated 14.10.2014 made in SWP No.2729 of 2013 and SWP.No.498 of 2014 respectively, wherein the learned Single Judge dismissed the writ petitions filed by the appellants challenging the order of the Government in G.O.No.378 Agri. of 2013, dated 28.11.2013 with further prayer to regularize the Rehbar-e-Zirat (REZs) strictly as per the year of obtaining degree, in the first phase.
2. Though the common order dated 14.10.2014 is passed in SWP nos. 2729/2013, 1760/2014, 1211/2014, 498/2014, 174/2014, 14/2014 and 2846/2014, LPASW nos. 161 and 162 of 2014 preferred against SWP no.2729/2013 and SWP no. 498/2014 above are before us for hearing. Though caveats are filed in some other SWPs, as the issue involved is common, learned counsel for the caveators are allowed to argue.
3. The brief facts necessary for disposal of the writ appeal as per the pleadings are as follows:
(a) Appellants are unemployed agricultural graduates. In the year 2006, the State Government formulated a policy to engage all unemployed agricultural graduates in the State, who have completed B.Sc. (Agri) upto October 2006, who are unemployed as on October, 2006, as Rehbar-e-Zirat (REZs) (as Village Agricultural Extension Assistants) by Cabinet decision No.248/2014 dated 23.10.2006.
(b) Pursuant to the said Cabinet decision, the Principal Secretary to the Government, Agriculture Production Department issued an order in G.O.No.20 Agri of 2007, dated 6.2.2007 stating that sanction is accorded to engage all agricultural graduates who are unemployed till October, 2006 under REZ scheme under monthly stipend of Rs.1,500/- with effect from April, 2007 on the following terms and conditions:
(i) All the unemployed Agriculture Graduates will register themselves with the Chief Agriculture Officers of their concerned district.
(ii) Candidates shall execute an agreement with Chief Agriculture Officer stating that they are not performing any government service whether on contract basis or adhoc.
(iii) This engagement shall not confer any right to claim a regular appointment.
(c) An Officers meeting was held on 15.3.2007 under the Chairmanship of the Principal Secretary, Agriculture Production Department and a record note dated 20.3.2007 was produced by the appellants wherein it is stated that 1809 applications were received in Jammu region and 1331 applications were received in Kashmir region for REZ engagement and some of the candidates attained the upper age limit of 37 years and in the said minutes it is recorded among other things as follows:
“In case these candidates at some stages would come to be regularized in the Government service, the year of obtaining degrees would be considered and seniority maintained accordingly.”
(d) It is the case of the appellants that pursuant to the Cabinet decision and the Government order dated 6.2.2007 all the unemployed agricultural graduates are engaged as REZs with monthly stipend of Rs.1,500/-, which was subsequently enhanced to Rs.3,000/- per month, followed by Rs.4,500/- per month and finally to Rs.10,000/- per month. In the year 2011, the Government formulated a policy for regularizing all the 2642 REZs, who are in engagement and they were ordered to be designated as Village Agriculture Extension Assistants against equal number of posts to be created by the State Government and a Cabinet decision was taken in Decision No.139/18/2011, dated 4.8.2011, consequent to which the Government Order No.235 Agri of 2011, dated 10.8.2011 was issued. The said order reads as follows:
“Government
Order No.235-Agri of 2011
Dated 10.08.2011
Sanction is accorded to the:
(i) Adoption of the policy formulated by the Agriculture Production Department for the regularization of ‘Rehbar-e-Zirat’ candidates, placed as annexure to this Government Order.
(ii) Creation of 2642 posts of Village Agriculture Extension Assistance by the Agriculture Production Department in the pay
