Jammu, Feb 24: In O.A./89/2025 (SRINAGAR) NAZIR AHMAD GANAI Vs GENERAL ADMINISTRATIVE DEPARTMENT titled MR. SHAFQAT NAZIR after hearing CAT ordered as under:-
1. The applicant has impugned a Government Order no. 22-JK (HP) of 2024 dated 24- 12-2024. Perusal of the O.A. reveals that the applicant has been litigating right from the year 1997. Ultimately, the last judgment delivered is dated 25-07-2024.
2. It is averred that the applicant being a graduate has done Diploma in Housekeeping in the year 1989 and has gained experience in the said field. The applicant had applied in the past for being appointed as Assistant Housekeeper, however, he could not be appointed there.
3. Learned counsel for the applicant has primarily challenged the order impugned on the grounds that the order impugned has not been passed with due application of mind as according to learned counsel for the applicant the applicant could have easily been deputed to Department of Hospitality and Protocol.
He has referred to a Government Order bearing no. 137-JK (GAD) of 2023 dated 30-01-2023 which is passed on the Administrative Council Decision No. 7/1/2023 dated 22-01-2023, which is a policy for effective utilisation of manpower in the UT of J&K through inter-departmental deputation of employees based on their technical/professional qualification (s).
4. Learned counsel for the applicant submits that the applicant is a diploma holder who has Diploma from Institute of Hotel Management which is a recognised institution and has acquired protocol experience also having worked in one of the leading hotels of the valley as well as in the Centuur Lake View Hotel which at the relevant time was subsidiary of Air India.
He submits that the applicant would have been more beneficial in the field of his expertise which would ultimately be in the public interest as also in the administrative interest.
5. From the pleadings and the annexures on the file, it reveals that the applicant has a passion to work in the Department of Hospitality and Protocol which is writ large coupled with the litigation the applicant has been coming across but yet has been unsuccessful as of now.
6. Admittedly, the Courts have limited power to interfere in the administrative affairs. The case in hand, purely involves an administrative affair which is mostly left to the administrators, but however, Courts are not powerless to intervene where an administrative action is arbitrary.
7. Issue notice. Mr. Waseem Gul, GA accepts notice for official respondents and is granted six weeks' time to file reply.
As regards private respondent, learned counsel for the applicant to provide an AD cover along with a full set of O.A. for service upon the private respondent. The same needs to be done in one week. On needful being done, registry to serve the private respondent in accordance with the law.
In the meanwhile, subject to objections of the other side and till next date of hearing, the respondents are free to consider the case of the applicant in tune with the Government Order no. 137- JK (GAD) of 2023 dated 30-01-2023 certainly provided the rules in terms of the Government Order, if applicable to the case of the applicant.
8. Club this matter with O.A./902/2024 & list on 14-05-2025.
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