SrinagarThe government actions have a public element and there should be fairness and equality in all provinces of the society, the Jammu and Kashmir High Court has said while allowing a petition filed by J&K Veterinary Doctors Association.
The Association had sought directions declaring government Order (no.3-ASH of 2010) does not disentitle the members of the Animal and Sheep Husbandry Gazetted Service, who have completed 20 years of cumulative service before 1st January 2010, from claiming the benefit of third time bound promotion as from the date 20 years are completed by such member of the service.
Veterinarians of Animal and Sheep Husbandry Department cannot be singled out and denied the benefit of 3rd Time Bound Promotion that is being given to similarly situated persons, a single bench of Justice Tashi Rabstan said, emphasizing that members of the association were entitled to third time bound promotion, who have completed 20 years of cumulative service before 1st January 2010.
It may be mentioned that when the Government deals with public related matters even in distribution of bounty, the democratic form of Government exacts equivalence and absence of arbitrariness and discrimination. The government actions have a public element and, therefore, there should be fairness and equality in all provinces of the society. The State need not to venture into any such accord having discriminatory ramifications on other set of stratum, the court said, adding that Article 14 of the Constitution of India strikes at arbitrariness in the State action and ensures fairness and equality of treatment.
It requires that State action must not be arbitrary but must be based on some rational and relevant principle which was non-discriminatory, the court said. it must not be guided by any extraneous or irrelevant considerations, for, that would be denial of equality. Principle of reasonableness and rationality which is legally as well as philosophically an essential element of equality or non-arbitrariness is protected by Article 14 and it must characterise every State action, whether it be under authority of law or in exercise of executive power without making of law, the court added.
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