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2016 DIGILAW 373 (JK)

Vikas Gupta & Anr. v. State of J&K & Ors.

2016-07-19

RAMALINGAM SUDHAKAR

body2016
JUDGMENT 1. Admit. 2. By the nature of order to be passed, Court directed Ms. Deepika Mahajan, Deputy Advocate General to appear and represent the case. 3. Two petitioners claim to be unemployed agricultural graduates who were engaged under the Rehbar-e-Zirat Scheme on monthly stipend and were continuing to do so from the date of initial appointment. They were engaged on 24.03.2007 (Annexure-B). 4. Petitioners pleads that prior to their engagement as Rehbare-Zirat, they were engaged in other organizations/projects and the State Government vide its Circular No. Agri/NG/53/2002-Gein dated April 18, 2007 allowed them to continue in other organizations or projects or with research work etc. 5. The present grievance of the petitioners is that they should be regularized under the Policy adopted for regularization of Rehbar-e-Zirat Agricultural Graduates which was formulated by the State Government vide Order No. 235-Agri of 2011 dated 10.08.2011. It is also pleaded that many other such Rehbar-e-Zirat(s) were regularized. 6. Be that as it may, the representation has been made on 24.06.2016 before the Hon’ble Minister for Agriculture (Annexure –L) which reads as follows: “Dated -24.06.2016 To The Hon’ble Minister for Agriculture Production J&K Subject-Regularization of remaining Registered Rehabar-I-Zirat. Respected Sir, We want to bring into your kind notice that we are the left over/remaining some Registered Rehabr-I-Zirat candidates that are engaged in contract/projects as traiines with sister concern departments as per the permission of the department with reference to the Govt. Order No. Agri/NG/53/2002-Geni and reported the department time to time. We also reported the department in the year 2013 as per the order issued by the department for reporting Back. Again we submit the request to continue the projects/contracts with sister concern departments and department permits us to continue in the projects. On 26.05.2016 Govt. issued the Order (No. Agri/NG/REZ/53/2002-V) in which Deputy Secretary to Government convey the concurrence of competent Authority to the regularization of REZs phase –III/All leftover/remaining candidates with effect form April 01, 2016 but we were not considered in the Regularization of Rehabar-E-Zirat phase III. We are already crossed the overage state, so it is humble request to you that please look up into the matter and do the needful action as earliest as possible. Thanking you Yours Sincerely, 1. Parveen Kumar 2. Gopal Khajuria 3. Pankaj Pandotra 4. Charu Sharma 5. Joginder Sharma 6. Vikas Gupta 7. Parveen 8. We are already crossed the overage state, so it is humble request to you that please look up into the matter and do the needful action as earliest as possible. Thanking you Yours Sincerely, 1. Parveen Kumar 2. Gopal Khajuria 3. Pankaj Pandotra 4. Charu Sharma 5. Joginder Sharma 6. Vikas Gupta 7. Parveen 8. Ashwani” However, without waiting for the response on the representation filed, which is only one month old, writ petition has been filed seeking the above relief. 7. Ms. Deepika Mahajan, Deputy Advocate General states that subject to applicable scheme or the Government Order issued earlier as applicable to the case of petitioners will be considered on its own merits within a time limit. She wants the petitioners to submit copy of the writ petition along with all documents annexed therewith so as to forward the same to the concerned authorities. 8. Petitioners are directed to submit copy of writ petition along with documents annexed therewith to the counsel for the respondents. 9. In view of the above, Court without expressing specific opinion either way directs respondent No. 1 to consider the claim of petitioners for regularization and for the relief they have sought for on the basis of representation dated 24.06.2016. It is desirable that such representation shall be accorded consideration at the earliest preferably within a period of twelve (12) weeks from the date of receipt of the representation. 10. Writ petition is disposed of.