Excelsior Correspondent
SRINAGAR, Nov 11: The Agriculture Department is illegally placing the officers in the department on higher positions without following seniority list to favour some blued eyed officials despite High Court directions against it.
Around two dozen Horticulture officers were illegally posted on higher promotional positions over the years by the Department under the garb of transfers and postings.
Under the final seniority list issued (Under Govt. Order No. 60 Horti of 2018 dated 17-04-2018) by the Horticulture Department, Mohammad Iqbal Baba was on top of the senior list of 145 officers. Similarly Rajesh Kumar Pangotra, Sajid Mustafa, Muneer Ahmad Wani, Qazi Tasaduq Moeen, Rajesh Dhar, Pawan Kumar, Vikas Anand, Inderjeet Singh and Anil Kumar Chibber were at 4th, 5th, 6th, 7th, 8th, 11th, 12th, 13th and 14th positions respectively in the seniority list but they have not been posted on higher positions while juniors have been.
These illegal postings on higher promotional positions under the garb of transfers and postings are being done despite Commissioner/Secretary Agriculture Production Department (No. Agri/Horti/98-96/Part-II dated 16-02-2016) acknowledging mistakes at the hands of the department and ordering rectifications. “The Department is always at liberty to rectify its mistake and issue a fresh seniority list in accordance with the rules governing the field. Wrongful order does not give any right to the beneficiary to claim perpetual benefits from a wrongful action”, read the order.
Jammu and Kashmir High Court has issued several directions since 2013 asking the Government to desist from illegally posting the Horticulture officers on higher positions with latest order issued in May 2019.
“…the writ petition shall stand disposed off with a direction to respondents to fill up the post of Chief Agriculture Officer, amongst the eligible feeding cadre officers in terms of applicable rules on regular basis. The process of filling up an available post of Chief Horticulture Officer, shall be completed within three months in consultation with Public Service Commission. In the event posts are not filled up, within the time granted the interim arrangement shall cease. It is also provided that till the posts are filled up on regular basis the interim arrangement shall be made out of the eligible officers on the basis of seniority”, read the High Court order.
In gross violation of the final order of the HC (issued on 15-05-19), the Agriculture Department issued an order (Government order No. 73 of 2018 dated 11-10-2019) in which two junior officers were illegally posted on higher promotional positions.
Under this order, Horticulture Development Officer, Farooq Ahmad Tantray, was transferred from Baramulla and was posted as I/C District level Subject Matter Special in district Kupwara. The charge which is higher promotional position was given to him in addition to his own duties.
Similarly, Horticulture Development Officer, Mohammad Ramzan War, posted at Kupwara was transferred and posted as I/C District level Subject Matter Special in district Bandipora. The charge which is higher promotional position was given to him in addition to his own duties.
Last week, despite disrespecting the High Court order, it gave last opportunity to Government to fill up the post of Chief Horticulture Officer after it failed to fill it up within three months from the issuance of last court directions in May this year. The Court directed personal appearance of Commissioner/Secretary to Government Agriculture Department if he fails to comply its orders.
“In the interest of Justice, one very last opportunity is given to the respondents to ensure compliance of the directions made by this Court on 9th of July 2013 in SWP No. 1241/2012 and 14th May 2019 in SWP No. 1196/2017…”, read the High Court order.
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