STATE TIMES NEWS
JAMMU: Justice Tashi Rabstan on Tuesday directed State to consider and issue appointment orders in favour of petitioners selecting/appointing them as Naib Tehsildars and give them all the service benefits including seniority from the date other similarly situated candidates have been selected and appointed as Naib Tehsildars. It was also made clear that if the respondents fail to appoint the petitioners against the post of Naib Tehsildars within a period of eight weeks from today, the selection of 29 ineligible candidates shall stand quashed forthwith and, thereafter, they shall not be disbursed with their salaries, etc.
This significant judgment was passed in a petition filed by Rajinder Kumar and others seeking quashing of Government Order No.158-Rev of 2016 dated November 9, 2016 issued by Commissioner/Secretary to Government, Revenue Department whereby the case of petitioners for their appointment as Naib Tehsildar has been rejected. The petitioners also sought a direction to the respondents to appoint them as Naib Tehsildars in due deference to judgment dated April 11, 2016 passed in SWP No.1809/2009 read with judgment dated August 19, 2015 in SWP No.1941/2009 along with connected matters.
The court also observed that in case of those of the petitioners who might have crossed the upper age limit for entering into Government services, it shall be deemed that relaxation is granted in the upper age limit. It is further directed that in the seniority the petitioners herein be placed over and above the 29 selected ineligible candidates, who were appointed by relaxation of rules that too after the end of selection process. However, it is made clear that although the petitioners herein shall be entitled to all consequential benefits including seniority etc., however, they will not be entitled to any monetary benefit for the period between appointment of selected candidates pursuant to the notifications-in-question and till the date of appointments of petitioners herein. If as on today there are no posts of Naib Tehsildars available, respondents are directed to create supernumerary posts for the petitioners. Let the relevant orders be issued within a period of eight weeks from today, the court held.
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