Jammu, Nov 24: In WP(C) No. 2922/2023 CM No. 6994/2023 titled Musarat Perveez & Ors Vs UT of J&K & Ors. after hearing HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDERED as:-
Mr. Qazi, learned counsel for the petitioners submits that the respondents under the garb of impugned communication dated 16.11.2023 are contemplating to oust the petitioners who have been performing their duties since 2007 onwards uninterruptedly and without any hindrance.
He further submits that the respondents on one hand have issued recommendation in their favour, which has been placed on record as Annexure-IV dated 03.11.2023, whereby the performance of the petitioners and the Supporting Staff under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was reviewed and on the basis of the performance appraisal, the petitioners have been allowed to perform their duties and are continuing as on date.
The specific case of the petitioners is that the respondents are contemplating to oust the petitioners on the strength of the communication dated 16.11.2023, which is impugned in the present petition allegedly on the basis of Government Order No. 203-RD&PR of 2018 dated 09.08.2018, which if be done will be in violation of the interim orders passed by this Court in various writ petitions, which are pending before this Court, wherein the challenge has been thrown to aforesaid Government Order.
With a view to substantiate the claim, the petitioners have placed on record an interim order passed by this court in identical matter i.e SWP No. 1687/2018.
Heard learned counsel for the petitioners at length and perused the record. Prima facie the petitioners have made out a case for grant of interim relief.
Issue notice to the respondents, returnable within four weeks, subject to taking steps within one week.
List on 29.12.2023.
Meanwhile, subject to objections from other side and till next date of hearing before the Bench, status quo with respect to services of the petitioners as exists today, shall be maintained. Alteration/modification on motion.
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