HC restrains CAPD from engaging salesmen, helpers
JAMMU: In a petition challenging the engagement of salesmen and helpers for 7,697outlets by CAPD without any advertisement, Justice Dhiraj Singh Thakur after hearing Advocate Rahul Pant appearing for the petitioner, restrained the respondents from making any engagement.
According to the case set up by the petitioner is that pursuant to a policy decision taken by the Government, department of CAPD is in the process of engaging salesmen and helpers on monthly honorarium of Rs.45,00 and Rs.3,000 respectively to man the sale outlets. As many as 7,697 outlets have to be manned by such contractual appointments. It is stated that as per the scheme upon completion of seven years of contractual service, such appointee would have a right of regularisation.
The contention of the counsel for the petitioner before this Court is 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 it is stated that the list has already been prepared.
Justice Dhiraj Singh Thakur after hearing Advocate Rahul Pant appearing for the petitioner observed that since the issue involved concerns 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.
A prima facie case has been made out and ordered that the respondents, till further orders shall not make any such engagement till they discloses before this Court the criteria which they seek to prescribe for making such engagements on contractual basis in the CAPD Department. It shall also be informed as to whether any advertisement notice is issued or is being proposed to be issued for making such appointments/engagements. Let the requisite affidavit be filed by the concerned officer within a period of three weeks.