Employment law principles establish that governmental assurances create binding expectations, compelling adherence to equitable treatment and non-discrimination among similarly situated employees.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. SWP No.3102/2017 has been filed by the petitioners in the Hon’ble High Court and after the reorganization of State of Jammu and Kashmir into Union Territory of Jammu & Kashmir and Ladakh and in view of the Notification No. G.S.R. 267 (E) dated 29.04.2020 read with notification No. G.S.R. 317 (E) dated 28.05.2020 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the jurisdiction to adjudicate upon the list regarding service disputes of the employees of UT of J&K and Ladakh was conferred upon this Tribunal and while considering the said fact, the record of SWP No. 3102/2017 was ordered to be transferred by the Hon'ble High Court of J&K to this Tribunal and renumbered as Transferred Application No. TA 7476/2020.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) Mandamus, commanding and directing, the respondents to allow the petitioners to continue in the Directorate of Industries & Commerce Department, Jammu and in the office of respondent No. 5 as the case may be ;

b) Mandamus, commanding and directing the respondents, to grant the same / similar treatment in the matter of extension of deputation period of the petitioners as is the case with 45- persons, who are also similarly situated and circumstanced as the petitioners.

c) Mandamus, commanding and directing the respondents to perform their duties against the post of Assistant Extension Officer, or, in the alternative, against 03 of the 20 vacant post of Block Investigators / 05 posts of Knitting Instructors in Industries and Department;

d) Prohibition, restraining the respondents from repatriating the petitioners from Industries and Commerce Department, to respondent No. 3-Corporation, further restraining the respondents from filling up by direct recruitment, the posts of Assistant Extension Officer, against which, the petitioners have been working for the last more than seven years;

3. The facts of the case as averred by the petitioners in their pleading are as follows: -

a) The petitioners are highly qualified technocrats. Petitioner No. 1 possesses a B.Com degree with a Diploma in Marketing Management, petitioner No. 2 is a Graduate with a three-year Diploma in Textile Technology, and petitioner No. 3 is a B.Sc. with B. Tech. in Textile Chemistry, who had been serving in the J&K Handloom Development Corporation (hereinafter referred to as “the Corporation”).

b) On the representation made by petitioner No. 3 and certain other similarly situated employees for their deputation to the Industries and Commerce Department, the Corporation vide communication dated 26.04.2007 submitted a list of such employees in which the name of petitioner No. 3 figured at serial No. 1. Subsequently, vide communication dated 30.01.2008, the Corporation offered the services of its experienced staff for manning the newly created posts in the Industries and Commerce Department in the newly created districts, with the twin objective of utilizing the experience of the Corporation staff and simultaneously shedding its surplus manpower.

c) The General Administration Department, vide its letter dated 07.04.2009, sought certain information from the Corporation and in response thereto, the Corporation vide communication dated 11.05.2009 furnished a list of its employees who were likely to be deputed/absorbed in other Government Depart