Deputationists entitled to absorption parity after long service, NOC, when similars absorbed, violating Arts.14/16 if denied.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.3469/2014 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1458/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) allow the present writ petition;

b) quash Government Order No. 45-RD & PR of 2019 dated 12.02.2019, whereby and where under, respondent No. 2 (without any power or authority) has repatriated the petitioners from the post of Incharge BDOs in Rural Development Department, to the post of Junior Agriculture Assistants in Agriculture production Department after rendering 15 to 17 years of service in RDD;

c) quash Govt. Order No. 81-RD&PR of 2019 dated 21.02.2019, whereby and whereunder, petitioner No. 2, 3, 4, 5 & 6 are sought to be replaced by private respondents No. 4 to 8 as BDOS;

d) command and direct the respondents, to allow the petitioners to continue to perform their duties as In charge BDOs in RDD, on which post, the petitioners have been working for the last more than four years;

e) command and direct the respondents to absorb the petitioners in the Rural Development Department and regularize their services as BDOs w.e.f the date any of the APOS junior to the petitioners have been absorbed as such in RDD;

f) restrain the respondents from giving effect to the Government Order No. 45-RD & PR of 2019 dated 12.02.2019 and Govt. Order No. 81-RD&PR of 2019 dated 21.02.2019;

g) Any other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.”

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The petitioners are citizens of India and permanent residents of the erstwhile State of Jammu and Kashmir. They have jointly filed the present writ petition as they are similarly situated, the facts and grounds of challenge being identical and the relief claimed being common.

b) The petitioners were appointed as Junior Agriculture Assistants (JAA) in the Agriculture Production Department between the years 1986 and 2002 on the recommendation of the Services Selection Board (SSB). At the time of their appointment, they  possessed the requisite qualification of B.Sc. Agriculture. Copies of their appointment orders form part of the record.

c) The post of Junior Agriculture Assistant is a Class-II, Category ‘A’ post governed by the J&K Agriculture (Subordinate) Service Recruitment Rules, 2004. The minimum qualification prescribed for direct recruitment to the said post is B.Sc. Agriculture.

d) Subsequently, the petitioners were deputed from the Agriculture Production Department to the District Rural Development Agency (DRDA), functioning under the control of the Rural Development Department (RDD), pursuant to various deputation orders issued from time to time. Copies of such deputation orders are on record.

e) While on deputation to DRDA, the petitioners were posted as Assistant Project Officers (APOs) in the same grade in which they were working as Junior Agriculture Assistants in the Agriculture Department. Over time, they continued to work in DRDA for about 15–17 years and were entrusted with substantial responsibilities.

f) The DRDA is a specialized professional agency under the Ministry of Rural Development, Government of India, concerned with implementation of anti-poverty programmes. Under the DRDA Guidelines, each district has its own DRDA, ordinarily registered as a society