STATE TIMES NEWS JAMMU: Justice Ali Mohammad Magrey of J&K High Court on Wednesday modified the stay order with regard to posting of Director Animal Husbandry. The court direction came in application filed by UT government seeking vacation of order passed on January 28, 2020. Justice Magrey after hearing Advocate General DC Raina for the UT Govt observed that in order to allow the Government to run the administration in the public interest there is need to modify the aforesaid order to the extent of allowing Vivek Sharma to continue as Director, Animal Husbandry but in the meantime, the respondents shall consider the claim of the petitioner for his posting as Incharge Director on the analogy which has been adopted in case of other similarly situated officers of the department. While modifying the order, Justice Ali Mohammad Magrey observed that since the court is considering the vacation/modification of order passed on January 28, 2020, therefore, in the opinion of the Court, there is no need to make any observation or return any finding which may touch the merits of the case regarding entitlement of the petitioners for their regularization/promotion but while doing so, the court cannot continue the interim order passed on January 28, 2020, resulting in staying the posting of respondent as Director, Animal Husbandry. “The arrangement is made on the doctrine of necessity to meet the requirements of the department in the public interest. The submission of D.C. Raina, Advocate General, that the department cannot be allowed to function without the controlling officer i.e. Head of the Department, has substance. Seemingly, with a view to meet this exigency, the respondents have made the arrangement of posting the respondent as Director. Besides, the order passed on January 28, amounts to grant of final relief which is not permissible in law”, the court observed.
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