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| KAS seniority: 'Implement our directions or appear in person' | | HC takes serious note of non-compliance of orders by CS, Com Secy GAD | | Early Times Report
Jammu, Apr 7: In a much publicized case of fixing seniority of Kashmir Administrative Services (KAS) officers, the High Court of J&K in a contempt petition filed by the petitioners has directed the Government to implement the court directions within a week time and has sought personal appearance of Chief Secretary to Government and Commissioner Secretary to Government GAD in case of failure on 16th of April 2015.
As per the details available with Early Times, the Double Bench of Jammu and Kashmir High Court comprising Chief Justice N. Paul Vasanthakumar and Justice Deraj Singh Thakur took serious note of non compliance of the previous order passed by the court on 31st March 2015 and granted one week time to the state government to implement the court directions wherein the Court has laid down the principle that Officers having no slots available to their feeding services in a particular year cannot be placed over and above petitioners and are thus to be relegated in the Seniority list. The Court has even identified 49 such officers and also directed to review the cases of the petitioners from the date vacancies are available and inductions took place with respect to the different feeding services leaving behind the petitioners from the year 2004 to 2007.
The Additional Advocate General informed the court that the matter has already been conveyed to the state government who is on job, adding that the decision also required the Cabinet nod for implementation of the order and sought one week time.
Pertinently, the dispute pertaining to Seniority of KAS Officers is unsettled for the last 6 years wherein State Government instead of implementing the KAS rules 1979/2008 preferred to keep it hanging due to various litigations. The impugned final Seniority list which is under challenge before the Hon'ble High Court has been held legally valid by the Single Bench subject to certain changes like pushing down of 49 Officers having been inducted without availability of slots, plus reviewing of the cases of the petitioners under rule 15(4) owing to the availability of slots to their feeding services w.e.f 2004 to 2007, but the Government sought special dispensation for making temporary arrangements at the special scale level for parliamentary Election 2014 and the Hon'ble High Court had ordered to appoint the petitioners first and to terminate this arrangement within 10 days from the date of completion of Elections. However, Government instead of appointing petitioners moved another application and requested the Court to allow arrangements in case of other Senior Officers also which was granted by the Court up to ending May 2014 and since then the Government instead of appointing petitioners at the Special Scale KAS is illegally continuing the blue eyed Officers.
After fresh court directions, some blue eyed officers officiating in Special scale on the basis of impugned seniority list and without resorting to the review mechanism as provided under rule 15(4) of KAS 2008 rules are to be removed to accommodate the equal number of officers from among the petitioners. |
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