Back
2022 Supreme(J&K) 738
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Javed Iqbal Wani, J.
Rifat Arifa & Ors. – Petitioner
Versus
State of J&K & Ors. – Respondents
SWP No. 2133/2018
Decided On : 21-10-2022
Advocate Appeared:
For the Petitioner: Saqib Amin Parray; N.A. Malik
For the Respondent: Irfan Andleeb
IMPORTANT POINT
The doctrine of legitimate expectation mandates that public authorities must adhere to their established practices and policies, ensuring fairness and non-discrimination in administrative decisions.
Headnote:
REHBAR-E-ZIRAAT - EMPLOYMENT OF AGRICULTURE GRADUATES - Government Order No. 20-Agri of 2007, Government Order No. 323-Agri of 2012 - The court discussed the provisions of the Government Orders regarding the engagement of unemployed Agriculture Graduates under the Rehbar-e-Ziraat scheme, emphasizing the principles of legitimate expectation and equality under Article 14 of the Constitution. The court found that the petitioners, being qualified Agriculture Engineers, had a legitimate expectation of being treated similarly to Agriculture Graduates, as established by past practices and recommendations from various committees. The rejection of their claims was deemed arbitrary and discriminatory, leading to the quashing of the impugned order and directing their consideration for engagement.
Fact of the Case:
The petitioners, unemployed Agriculture Engineers, sought to be engaged under the Rehbar-e-Ziraat scheme, which was initially established for Agriculture Graduates. They claimed that despite meeting the eligibility criteria and having been recommended for engagement by various committees, their applications were ignored, leading to the issuance of Government Order No. 323-Agri of 2012, which rejected their claims.
Finding of the Court:
The court found that the petitioners had a legitimate expectation of being engaged under the Rehbar-e-Ziraat scheme based on the consistent past practices of the government and the recommendations of various committees. The court held that the rejection of their claims was arbitrary and discriminatory, violating their rights under Article 14 of the Constitution.
Issues: Whether the petitioners, as Agriculture Engineers, were entitled to be engaged under the Rehbar-e-Ziraat scheme on the same terms as Agriculture Graduates, and whether the government's rejection of their claims was arbitrary and discriminatory.
Ratio Decidendi: The court established that the doctrine of legitimate expectation requires the government to honor its past practices and commitments, and any deviation from this without valid justification constitutes a violation of the principles of fairness and equality under the law.
Final Decision: The court quashed Government Order No. 323-Agri of 2012 and directed the respondents to consider the petitioners for engagement as Rehbar-e-Ziraat in accordance with Government Order No. 20-Agri of 2007.
JUDGMENT :
Javed Iqbal Wani, J.
1. These two writ petitions, having regard to the akinness in the facts and circumstances of the case, came to be clubbed vide Order dated 29th January 2019 and heard accordingly.
SWP No. 475/2013
2. Petitioners in writ petition in hand on the edifice of the case set up implore grant of the following reliefs:
(a) Writ of certiorari quashing the impugned Govt. Order No. 323-Agri of 2012, dated 23.11.2012.
(b) Writ of mandamus commanding the respondents to treat the petitioners to have been engaged/employed as Rehbar-e-Ziraat and issue formal orders in terms of Government Order No. 20-Agri of 2007, dated 6.2.2007 and pay them the stipend in their favour retrospectively.
3. The brief facts, giving rise to filing of the writ petition, are that respondent-State, pursuant to Cabinet Decision No. 236/13, dated 16th October 2006, constituted a Sub-Committee vide Government Order No. 1343-GAD of 2006, dated 27th October 2006, to examine various ways to engage the unemployed Agriculture Graduates in the State in gainful employment and in pursuance of Cabinet Decision No. 248/14, dated 23rd October 2006, sanction was accorded to engagement of all Agriculture Graduates who were unemployed as on October, 2006, under the Rehbar-i-Ziraat (ReZ) Scheme at a monthly stipend of Rs. 1500/- effective from April 2007 vide Government Order No. 20-Agri of 2007, dated 6th February 2007, subject to the condition that all unemployed Agriculture Graduates would register themselves with the Chief Agriculture Officers of their concerned Districts and they would execute an agreement with Chief Agriculture Officer stating that they were not performing any government service whether on contract basis or ad hoc and the engagement would not confer any right to claim a regular appointment.
4. It is being stated that petitioners, being unemployed Agriculture Engineers, applied for registering themselves with Chief Agriculture Officers of their concerned districts in pursuance of Government Order No. 20-Agri of 2007, dated 6th February 2007.
5. It is also being stated that respondent-Director, Agriculture, Kashmir, vide no. 38/Estt of 2007, dated 2nd June 2007 issued engagement order in respect of unemployed B.Sc. Agriculture/Horticulture Graduates as ReZ, but petitioners were not considered for engagement as ReZ.
6. It is being contended that respondent-Director vide no. Agri 8611/c/1518, dated 25th July 2007 proposed creation of posts for absorption of unemployed Agriculture Engineers and till creation of posts got cleared it was recommended to engage unemployed Agriculture Engineers on stipend basis and designated as Junior Agri. Engineers on the pattern of ReZ; besides respondent-Director submitted job chart of ReZ vide no. Agri/Estt/Gaz-RZ/103/875, dated 7th June 2008. It is being averred that in order to undertake an exercise to develop the framework and modalities for absorption of ReZ (and Agriculture Engineers and Sericulture Graduates) in the Government services taking into account Centrally Sponsored Schemes for Rural Development/ Watershed Development.
7. It is being also stated that pursuant to Government Order No. 504-GAD of 2008, a meeting was held by the Committee on 23rd June 2008, in which it was reported that as 90 Agriculture Engineers (Diploma Holders) and 48 Sericulture Graduates were unemployed, the concerned HOD was asked to make their engagement on the ReZ pattern in respective departments as their services could be utilised gainfully. The Committee is said to have recommended to consider Agriculture Engineers and Sericulture Graduates possessing required qualification and acquired their degrees upto October 2006, for engagement by concerned department on the analogy of ReZ.
8. It is being contended that finally the Government in Agriculture Production Department took a decision to accommodate the Agriculture Engineers/Sericulture Engineers and conveyed it to the Directors of Agriculture, Kashmir and Jammu, to register
