RASHIDA BEGUM vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR appointment — 2022 PLC(CS) 1511 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLC(CS) 1511 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: PLC
Parties: RASHIDA BEGUM vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR appointment
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RASHIDA BEGUM VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR appointment---Temporary appointment---Stop gap arrangement---Scope---Petitioner assailed appointment of private respondent as incharge Divisional Director (Female)---Validity---Scheme of the relevant rules reflected that concept of incharge appointment received no recognition from the law---Modus operandi regarding temporary appointment or for that matter incharge posting otherwise could be a stop gap arrangement---Seniority list had already been chalked out by the competent authority---although seniority list was not sufficient for consideration in the case of promotion in higher rank but coupled with other factors, consideration of a person who qualified to be considered as such was necessary---Procedure for appointment provided in the rules was also liable to be followed---Departure from rules particularly where certain legal rights were involved militated against due process of law and mocked the concept of better government---Impugned notification was set aside and the department was directed to fill in the post of Divisional Director (Female) in accordance with relevant rules---Writ petition was disposed of accordingly.

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