Excelsior Correspondent
Srinagar, Nov 11 : High Court today quashed the Government order refusing the engagement of Rehbar-e-Ziraat (ReZ) and directed for consideration of the case of candidates for engagement in terms of the previous Government order.
The Government vide its previous Order No.20-Agri of 2007 dated 6th February 2007, accorded sanction to engagement of all agriculture graduates, who were unemployed as on October 2006 under the ReZ scheme on a monthly stipend of Rs.1500 and it was provided that all unemployed agriculture graduates will register themselves with the Chief Agriculture Officers of the concerned district and all Chief Agriculture Officers were directed to send the lists of registered candidates along with their testimonials.
Advocate Saqib Amin submitted that it is by virtue of Government Order No.20-Agri of 2007 dated 6th February 2007, the candidates were supposed to get themselves registered in the office of Chief Agriculture Officer and the candidates registered vide Government order deemed to have been engaged under ReZ Scheme.
However, the issuance of the Government Order no.323-Agri of 2012 dated 23.11.2012 whereby engagement of ReZ was rejected and the same has been challenged before the court in these instant petitions.
Justice Javed Iqbal while quashing the order of rejection directed the Government to accord consideration of engagement of candidates as ReZs in tune with the previous Government order.
Court further added that the change affected by the authorities from their assured positions against the case of the petitioner-candidates in the process seemingly infringed the doctrine of legitimate expectations inasmuch as Article 14 of the Constitution.
Petitioners court said, have had a legitimate expectation of being treated in a certain way by respondent-authorities as had been a consistent past practice followed by them while bestowing the similarly situated persons the benefit of various schemes, which included Rehbar-e-Taleem, Rehbar-e-Ziraat, however, in the totality of the circumstances, it is perceivable that the impugned order issued in 2012 by the respondent-authorities is tainted with arbitrariness, discriminatory in nature, manifestly violative of the Doctrine of Legitimate Expectation and Article 14 of the Constitution.
“Viewed thus, what has been considered and observed hereinabove, the writ petitions succeed and by issuance of Writ of Certiorari, the Government Order No.323-Agri of 2012 dated 23.11.2012 is quashed and by issuance of Writ of Mandamus, the respondents are directed to accord consideration to the case of petitioners for their engagement as Rehbar-e-Ziraat in terms of Government Order no.20-Agri of 2007 dated 6th February 2007”, Court concluded.
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