Er Chander Partap Singh to Sachnews Jammu Kashmir: ENGAGEMENT OF SALESMEN, HELPERS BY CAPD FOR 7697 OUTLETS WITHOUT ADVERTISEMENT HC directs deptt not to make appointments till furnishing of criteria Jammu, Sep 05:Taking strong notice of the engagements of salesmen and helpers for 7697 outlets being made by the CAPD Department without any advertisement and criteria in place, the High Court has directed the department not to make any further engagement till it discloses before the court the criteria for the same. The directions were given in response to a petition challenging the engagement of salesman and helpers for 7697outlets by CAPD Department without any advertisement. Justice Dhiraj Singh Thakur, after hearing advocate Rahul Pant appearing for the petitioner, directed the department from making any further engagement. According to the case set up by the petitioner, a policy decision was taken by the Government Department of CAPD for engaging salesmen and helpers on monthly honorarium of Rs.45,00/- and Rs.3,000/- respectively to man the sale outlets. As many as 7697 outlets have to be manned by such contractual appointments. It is stated that as per the scheme, upon completion of 7 years of contractual service, such appointees would have a right of regularization. The contention of the counsel for the petitioner before the court was that without prescribing any criteria for engaging such salesmen and helpers, based upon simple recommendations, official respondents are in the process of making appointments for which the list has already been prepared. It was urged that without issuing any advertisement notice and inviting all eligibles for such contractual appointments, the rights of the petitioner as enshrined under Article 14 and 16 of the Constitution of India are violated. The appointments, it was urged are likely to be made for extraneous considerations on pick and choose method. Justice Dhiraj Singh Thakur after hearing Adv Rahul Pant appearing for the petitioner observed that since the issue involved concerns to not only the petitioner but is likely to have a cascading effects in view of the fact that such appointments are being made without issuing any advertisement notice and without disclosing non-discriminatory and rational criteria for selection. The appointments, if at all made, are likely to be challenged, which will open the flood gate of litigation in future, the court observed. The court therefore directed that till further orders, the department shall not make any such engagement till it discloses before the court the criteria which for making such engagements on contractual basis.
Posted on: Fri, 16 Jan 2015 05:01:35 +0000
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