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| HC finds no justification in petition challenging official's induction into KAS | | | Early Times Report
Jammu, July 1: A high court division bench of first puisne judge Sudhakar Ramalingam and Justice B S Walia today said there was no justification in re-agitating the matter over the induction of an official into KAS when the directions had been issued by the single judge on the issue.
"Nevertheless, we find that Amar Singh, who was one of the petitioners in the batch of writ petitions and a beneficiary of selection grade, had also filed an appeal and restricted his plea for placing him above respondent Ajay Khajuria," the court said.
The bench, after going through various government orders, summarised three issues: 1) Whether the appointment of Ajay Khajuria as assistant director with effect from May 29, 1984 was illegal and contrary to the rules; 2) Whether the petitioner was senior to him in service and 3) What relief can be granted to petitioner under the facts and circumstances of the case.
On issue No 1, the bench held that the appointment of Khajuria as assistant director from May 29, 1984 could not be said to be impermissible, illegal or contrary to rules. Issue No 2 was decided against Amar Singh and in favour of Khajuria. So far as issue No 3 was concerned, the bench held that "A conjoint reading of the aforesaid rules makes it clear that for induction into KAS, seniority of a person has limited rule, ie to bring him within the zone of consideration, thereafter the seniority had no rule to play so far as the selection of eligible persons within the zone of consideration was concerned.
It is an admitted case of the parties that in 1997, the appellant and Khajuria were eligible and within the zone of consideration and both were considered for induction into KAS. Khajuria came to be inducted on the basis of better grading of his APRs, whereas the remained unsuccessful on assessment of the comparative merit of both these officials by the selection committee. The petitioner having assailed the induction of Khajuria and failed in his attempt was not entitled to claim any relief against him as he had already entered a higher category and presently belonged to a different service on induction. The issue of inter-se seniority of petitioner and Khajuria had been rendered otiose as both of them now belonged to different services and the inter-se seniority had relevance only if they belonged to the same cadre of service.
"The induction of Khajuria is a fail accompli and cannot be re-opened in the present proceedings. In view of detailed discussion, we are of the considered view that no relief can be granted to the petitioner in the present appeal," the bench said. |
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