Excelsior Correspondent
Srinagar, Jan 14: In a big relief to over 300 Rehbar-e-Zirats (ReZs), Jammu and Kashmir High Court today directed the Government to regularize those ReZs who were working with different research projects or pursuing higher studies in Agriculture department.
Justice Hasnain Masoodi in his 32 page elaborate judgment directed the authorities to count the period during which the petitioners pursued higher studies or worked on research projects while computing seven years service for regularization of their services as Rehbar-e-Zirat (ReZ).
The Government in its order of regularization of the ReZs had left out those ReZs who were either pursuing research or higher studies and these ReZs had challenged the Government order in the court of law.
“Resultantly respondent 1 and 2 shall proceed with regularization of ReZs in accordance with aforesaid Government orders, taking into account the period spent by the petitioners on higher education or working on projects”, directed Justice Masoodi.
After hearing counsel for petitioners Advocate Z A Shah and Advocate Javed Iqbal and counsels representing respondents for about two days, the court had reserved its verdict and announced it after four months.
The Court directed that the period that these ReZs spent pursuing higher studies or working on projects should be counted in their favour. “For the reasons discussed, it would not be permissible to exclude the period spent by the petitioners on pursuing higher education or working on research projects while computing seven years service for regularization of ReZs in terms of aforementioned Government orders”, said Justice Masoodi.
Court quashed certain conditions contained in Policy Decision as also in regularization order of Government as the same in the eyes of law are unjustified and unreasonable. “No Government could afford to put a stop to research in agriculture science or keep away candidates from research schemes or academic pursuit”, the order reads.
“Viewed this the writ petition is allowed and by a writ of certiorari condition No. 5 of the Policy for regularization of ‘Rehbar-e-Zirat’ agriculture graduates, approved by the government vide Order No. 235-Agri of 2011 and condition NO. 2 in Government Order No. 378-Agri of 2013 is quashed”, court directed.
Court rapped the Government for its order and policy decision. It observed:”There is a lot of justification for the decision taken and reflected in the two Government orders and aforementioned circular”.
Court further observed: “No Government could afford to thwart research in agriculture science or wean away candidates from institutes or research schemes or academic pursuits or the research work. In terms of the Scheme an ReZ would receive meager amount styled as stipend or ‘money to live on’ till he remained unemployed. If the Government decided to deny the benefit under the scheme to unemployed agriculture graduates pursuing higher studies or working on research projects, such unemployed agriculture graduates would have been compelled to leave such higher courses or research projects midway. Such a decision would have been harsh and against public interest”.
Approximately 111 candidates had challenged the Policy decision and regularization order of the Government and prayed before the court that their seven years service be counted from the date of their initial engagement, irrespective of period spent by them to pursue higher course in agriculture or spent on any project related to agriculture as they had gone for such course and worked on projects with the consent and permission of their parent department.
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