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| HC gives on more week to Govt | | KAS Seniority Row | | Commissioner Secretary submits affidavit claims 10 officers would be placed soon
Asif Iqbal Naik
Early Times Report
Jammu, April 16: In a much hyped case of fixing seniority list of Kashmir Administrative Services (KAS) officers, the Jammu and Kashmir High Court in a contempt petition filed by the petitioners has given one more week to the state government to implement court directions wherein the court has ruled 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 pushed down 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 court extended the deadline by one more week after Commissioner Secretary to General Administrative Department submitted a written affidavit before the High Court. The Court on last hearing had sought the personal appearance of Commissioner Secretary GAD and Chief Secretary Iqbal Khandey if the government fails to implement the court order.
The affidavit submitted before the High Court in case titled Ashok Kumar Vs Mohammad Iqbal Khandey (Chief Secretary JK), the GAD informed the court that it (GAD) has mooted a proposal of 10 officers and the same is pending with competent authority.
"It is respectfully submitted that the answering respondents have processed the matter for placement of officers against the vacant positions in the Special Scale of KAS on officiating bases in terms of the order dated 22-01-2015. The proposal for placement of 10 officers in view of the 10 available vacancies at present is under consideration and upon its approval by the competent authority, the necessary orders for the placement shall be issued" stated Commissioner Secretary to GAD in his affidavit filed before High Court.
While talking to "Early Times" the petitioner termed the GAD affidavit as a delaying tactics, added that the influential blue eyed officers who got benefit of impugned seniority list are misguiding the government as well as the GAD. He urged the Chief Minister Mufti Mohammad Syed and Commissioner Secretary to GAD to personally intervene and provide the justice to the deserving officers.
Its in place to mention here the case was put on fast track after Supreme Court directed the state government to strictly make the adjustment of the petitioners as per the seniority list affirmed by the Single Bench of the High Court wherein the court had laid down 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 pushed down in the seniority list.
The Court had 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.
Pertinently, the dispute pertaining to Seniority of KAS Officers is unsettled for the past 6 years wherein State Government instead of implementation 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, forcing the petitioners to file the contempt case against the government and the Hon'ble High Court has directed the Government to show compliance of the Hon'ble Supreme Court by next date of hearing.
In case the fresh court directions will be implemented by the government, some blue eyed officers officiating at the level of Special scale on the bases 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 the petitioners as the apex court has directed the state to allow the Special Scale as a matter of officiating arrangements by strictly adopting the seniority list affirmed by the learned single judge in the judgment dated 8-11-2013. |
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