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news details
CAT directs GAD to consider release of selection grade of KAS to petitioner
1/24/2022 10:52:06 PM
Early Times Report
JAMMU, Jan 24: A bench of Central Administrative Tribunal (CAT) at Jammu comprising Dr. Bhagwan Sahai (A) and Rakesh Sagar Jain (J) directed General Administration Department to consider release of selection grade of KAS to Mukhtar Ahmed Choudhary presently posted as J&K Advisory Board for Development of Gujjars and Bakerwals, as per provisions under relevant rules and regulations, from the same date from which his juniors have been granted the selection grade provided the applicant is eligible for grant of such selection grade.
The petitioner submitted that the he was placed under suspension vide order no. 508-GAD of 2011 dated 27-4-2011 by the respondents as the applicant had remained in police custody for more than 48 hours. Thereafter the respondents vide Government Order No. 756-DAG of 2013 dated 17-5-2013 reinstated him and posted as Deputy Secretary to Government, Cooperative Department.
However, the period of suspension was ordered to be decided after conclusion of alleged criminal proceedings pending against the applicant in the Court of Law. Subsequent to applicant's reinstatement, the respondents passed Government Order No. 1063-GAD of 2014 dated 24-7-2013, whereby the order of transfer and posting some employees senior as well as junior to the applicant were intended to be promoted. The persons who were junior to the applicant were posted against selection grade posts, however, the case of the applicant was not considered though he was eligible and should have been considered.
The CAT after hearing both the sides disposed of the petition with the direction to the respondents to consider and take a decision on treatment of period of suspension of the applicant i.e.., from 27-4-2011 to 16-5-2013 and to consider release of selection grade of KAS to him, as per provisions under relevant rules and regulations, from the same date from which his juniors have been granted the selection grade provided the applicant is eligible for grant of such selection grade. Let this exercise be completed within four weeks, CAT ordered.
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