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Fate of spl secretaries, HoDs hangs in balance
Apex Court Verdict
2/5/2015 12:16:03 AM
Asif Iqbal Naik
Early Times Report
KISHTWAR, Feb 4: Many special secretaries and head of the departments, who had allegedly used their influence to get the top slots, are likely to face demotion in wake of the recent Apex court order asking state government to allow officiating arrangement at special scale level strictly as per the judgment of the single bench.
Pertinently, the dispute pertaining to the seniority of KAS officers is unsettled for the past six years wherein the state government instead of implementing the KAS Rules 1979/2008 preferred to keep it hanging due to various litigations.
The impugned final seniority list challenged before the High Court has been held legally valid by Single Bench subject to certain changes like pushing down 49 officers having been inducted without availability of slots plus the reviewing of the cases of the petitioners under rule 15(4) owing to availability of slots to their feeding services with effect from 2004 to 2007, the government instead of recasting seniority has preferred several LPAs and SLPs.
However, as per the latest Supreme Court order now even the temporary arrangement on officiating basis has to be strictly allowed as per the seniority upheld by the Single Bench and thus the impugned final seniority list issued by the government has lost its significance for further promotions which were done earlier.
The officers already posted as Special Secretaries/HODs at important posts on the basis of impugned final seniority list are set to face scrutiny to ascertain their actual entitlement in consonance with the judgment delivered by justice Tashi Rabastan which laid a principle that the officers having no slots cannot be inducted above the officers having slots. The petitioners have already conveyed to the government the list of 78 (49 +29) officers having been inducted without slots from 2004 to 2007 who are now to be pushed to the bottom.
The court has further asked to assign the petitioners their positions and recast the seniority which has not been stayed yet.
The case was listed before the DB of High Court today but due to the suspension of work, the advocates could not appear but the petitioners appeared personally and placed before the court the copy of the order passed by the Supreme Court. The case has been listed for 12th Feb.Reliable sources said that several officers already occupying Special Secretaries and HODs posts would be hit by this order and would have to be removed to accommodate the equal number of the officers from the petitioners who have entitlement as per the order of Single Bench even for officiating purpose on temporary basis as held by the Apex Court till the matter is finally decided by High Court within 2 months.
Moreover, those who are to be pushed down include YP Sharma MD SC/ ST/ BC Corporation, Narinder Singh Bali ADDC Kathua, Chowdhary Rashid Inqlabi Special Secretary ARs & Training, Sheikh Arshad Ayoob Special Secretary Home, Farooq Ahmed Shah DC Ramban, Shabnam Kamli Special Secretary, GN Itoo Mission Director ICDS, Aijaz Ahmed Bhat, Hashmat Ali Yatoo, Leena Padha Special Secretary Agro, Vivek Sharma ADDC Samba and those becoming eligible for being placed on officiating basis will include Sunita Sethi Jt Director Information, Anuradha Gupta Dy Excise Commissioner Executive, Tanveer Iqbal Jt Registrar Cooperative, Mehmood Ahmed Shah RTO Srinagar, Inderjeet ADC Samba, Mrs. Surya Jabeen CEO JUDA, Nawab Din Distt Program Officer ICDS Reasi, Dr. Bharat Bhushan CEO Sarthal Mansar Dev Authority, Dr. Nirupa Rai Jt Director Tourism Jammu, Ashok Kumar CEO Poonch Dev Authority, Babu Ram Addl Secy Social Welfare, Rajesh Shavan RDS&LR, Rakesh Kumar Sarangal Addl CEO.
Many officers who are holding posts on ex-cadre basis would also be hit as the state government has taken a stand before the Supreme Court that it cannot allow these posts to be held by ex-cadre officers and therefore sought permission to make temporary arrangement from among the KAS list.
Pertinently, influential bureaucracy having strong political backing had successfully managed to fudge this list as per its own choice, thus making the mockery of the justice delivery system forcing the sufferers to knock the doors of the court to seek justice which ultimately they got from the Supreme Court of India.
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