As the authorities failed to issue formal orders for removing illegal appointees in Urban Local Bodies, High Court has said that claim of release of salary needs to be addressed and directed release of unpaid salary to them.
Court said till date no formal order has been issued by the authorities, removing the petitioners from services on noticing their appointment being illegal, therefore the claim of release of salary needs to be addressed.
Court said the authorities in law, were and are obliged to take all possible steps so as to ensure that the decision in the matter is taken regarding the fraudulent appointment of the petitioners. “…..the respondents are at liberty to pass appropriate order in dealing with the appointment of the petitioners”, Justice Magrey directed.
Court pointedly asked the counsel appearing for the department to show any order of removal and on contrary documents placed on record substantiating their continuation of their services.
Authorities by submitting their reply to the petition stated that the basic engagement of the petitioners is dehors of the rules and in total contravention of Rule 5 of J&K Local Body Institutions (Management) Service Recruitment Rules and as such the issue of illegal engagements and appointments has been dealt with by the Supreme Court ruling wherein any appointment made in violation of the statute or in derogation of the equality clause would be void and of no effect.
Justice Ali Mohammad Magrey said that all posts to be filled up by direct recruitment and shall be referred to the Selection Agency and the posts on which the petitioners have been selected were not referred to the Selection Agency in accordance with the mandate of provisions of law.
“Any appointment made in contravention of the rules and without observing the procedure established by law cannot, by be dehors the rules. Since the appointment was made in total disregard of the provisions, it cannot, but be termed as a backdoor appointments”, Justice Magrey recorded.
The petitioner employees were engaged in the Municipal Committee Ganderbal in 2009 against the post of Tax Collector, Khilafwarzi Assistant and Junior Assistants and a complaint came to be filed before Crime Branch, Kashmir with the allegations that dozens of men and women have been appointed by the officers of different Municipal Committee falling under Urban Local bodies Kashmir.
Taking note of the same, the Director Local bodies, Kashmir constituted a committee and fixed responsibility of the officers and officials. The CB on complaint registered an FIR in 2011 and the investigation in the case is still in progress.
Another complaint was registered in 2016 before VoK with regard to Municipal Committee Baramulla. However, the SSP VoK clarified that there is already and FIR pending before the CB as such the case was requested to be transferred to CB Kashmir for further investigation.
The Special Judge Anti-Corruption while taking cognizance of the matter and returned the finding that the allegations against the appointment of these employees is true and proposed action against the accused persons and their continuity on these posts.
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