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| Apex Court Verdict on KAS seniority list | | Fate of Special Secretaries, HODs hangs in balance; Contempt proceedings initiated, government in fix | | Asif Iqbal Naik
Early Times Report
Jammu, Mar 31: Though the State Government was sleeping over the matter pertaining to the dispute at the Special Scale of KAS, the High Court of J&K in a contempt petition has directed the Government to show compliance of the Apex Court order by 7th April 2015. The Additional Advocate General has also sought time before Court for implementation of the orders of the Supreme Court regarding posting of the Officers of the Special Scale KAS strictly as per the Seniority list affirmed by the Single Bench of the Hon'ble High Court wherein the Court has laid down the principal 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.
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. Among them are DC Ramban, DC Kulgam, DC Shopian, Director Estates, Special secretary Home, Director Rural Development Srinagar, and Director CAPD Srinagar etc. Thus the petitioners have filed 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 7th April 2015.
After fresh court directions, 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. Reliable sources said that the concerned officers in the secretariat instead of implementing the Court orders has preferred to hire private Counsels Harish Salve and Promod Kohli at the cost of Government exchequer which is said to have costed more than 10 lacs to favor a particular lobby of officers who are close to a power corridor and instrumental in the distortion of seniority list best to their convenience. The Hon'ble High Court has ordered as under " Mr. Basotra L'd Senior Additional Advocate General seeks and is granted two week time finally to file compliance of the first part of order dated 22-02-2014 passed by the Hon'ble Supreme Court of India" where in 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 the learned single judge in the judgment dated 8-11-2013.
It is important to mention that before single bench, the petitioners had provided the list of 49 KAS officers inducted without slots, but to the government they have provided a list of additional 30 officers having been inducted without slots.
The list of these officers include Sunita Anand (DC Central), Gulzar Hussain (Director Tribal Affairs), Mohammad Ashraf Wani (Joint Director Industries Srinagar), Bilal Ahmed Bhat (MD JAKFED), Arun Manhas (Additional Mission Director), Rohit Khajuria (ED Mubarak Mandi Heritage), Nasseem Javed Chowdhary (DC Excise Jammu), Mohammad Yousaf Bhat (CEO Development Authority Pahalgam), Nisar Hussain Wani (Secretary Building Construction Works Board), Hashmat Ali Khan (Private Secretary to Chief Secretary), A H Khan (MD Agro Industries, K A Shah (Secretary JKBOPEE), M.M. Rehman Ghasi (ADDC Kupwara) are worth to mention among many more.
Reliable sources said the blue eyed officers are manipulating and pressuring the government to operate only impugned seniority list more in the coming days to touch 1-2 case of the petitioners also without resorting to review mechanism for the petitioners to complicate the issue. An officer on the bases of anonymity said that we will neither beg before the GAD nor have anything to grease the palms of anyone, but will approach the honorable Chief Minister for initiating inquiry in the whole episode who have willfully triggered the unnecessary litigations.
As per court order, following officers have been inducted in the year 2008 without slots and their induction was held illegal by the Single Judge and directed to place them at the bottom of the seniority list include Abdul Rashid War (Director CA&PD Kashmir), Mufti M Fareed-U-din (Joint Registrar Co-operative Administration), Gulzar Ahmad Dar (Deputy Commissioner Relief Organization), Arvind Kotwal (Deputy Commissioner Commercial Tax Jammu), Ali Afsar Khan (Addl. Secretary RDD), Ghulam Rasool Mir (Addl. Secretary PHE), Dr. Ravi Shanker Sharma (OSD to Minister Industries), Pankaj Magotra (Deputy Commissioner Commercial Tax), Ashok Kumar Pandita (PO ICDS Ramban), Reyaz Ahmad Wani (ADC Baramulla), Manzoor Ahmad Bhat (Deputy Commissioner Commercial Tax Srinagar), Mrs. Manisha Sareen (Joint Director Handicraft Jammu), Mohammad Ishaq Shah (Addl. Secreatary Revenue), Ajay Kumar (Addl. Secreatary Transport), M.D. Rather (Secretary J&K Commission for Women), Kishore Singh Chib (Addl. Secretary CM Secretariat), Dr. Firdous Ahmed Giri (Addl. Secretary J&K State Vigilance Commission), Mohammad yousaf Mir (Joint Registrar Cooperative Srinagar), Mohammad younis Malik (Deputy Commissioner Central RDD), Vikas Sharma (ADC Udhampur), Mrs. Indu Kanwal (Joint Director Hospitality and Protocol), Khurshid Ahmad Sanai (CEO Tourism Dev. Authority Kokarnag), Imam Din (ADC Doda), Moses Kunzang (ADC Kargil), Reyaz Ahmad Sofi (Joint Registrar Cooperative Kashmir), Bashir Ahmad Wani (Joint Director Handloom Kashmir), Mohammad Nazir Shiekh (RTO Lakhanpur), Mohammad Saleem (ADC Rajouri), Choudhary Mohammad Rashid (Joint Register Cooperative Jammu), Mohammad Mumtaz Ali (ADC Poonch), Pritam Lal Atri (Addl. Secretary Technical Education), Farooq Ahmad Rather (ADC Kupwara), Mrs. Harvinder Kour (Deputy Commissioner Relief), Mrs. Purnima Mittal (State Rural Livelihood Mission) and others including some retired officers.
On implementation of the second direction of the Hon'ble Single Bench and also the latest order of Hon'ble Supreme Court, the officers shown in annexure - A who are working on the Special Scale Post will be reverted on the post equivalent to selection grade and the officer shown in the annexure - B who are working against the selection grade post will be promoted against the special scale post.
Annexure - A (Loosers)
S. Name of the officer Place of posting
No.
1 Hashmat Ali Khan Spl. Secretary to CM
2 Amit Sharma Spl. Secretary Animal and Sheep Husbandry
3 Nazim Zai Khan Director Industries
4 Bashmir Ahmad Dar Spl. Secretary GAD
5 Shakeel Ul-Rehman Rathar Secretary PSE
6 Pardeep Kumar Director Forensic Science Laboratory
7 Nissar Hussain Wani CEO Building Construction
8 Abdul Rashid War Director CA&PD
9 Narinder Singh Wali ADDC Kathua
10 Azaz Ahmad Bhat ADDC Srinagar
11 Majid Khalil Ahmad Darabu Spl. Secretary Health and Medical Education
12 Sheikh Arshad Ayub Spl Secretary Home Department
13 Nazir Ahmad Naqash Spl. Secretary Relief and Rehabilitation Deptt
14 Rajesh Sharma Regional Director Survey and Land Record
15 FarooqAhmad Shah Deputy Commissioner Ramban
16 MS Babila Rakwal Member SSB
17 Anil Koul Regional Director Doda
18 Shabnam Kamili Spl Secretary BPE
19 Dr. Ghulam Nabi Itoo Director Estates J&K
20 Rajinder Kuamr Bhat Deputy Commissioner Kulgam
21 Rachna Sharma Administrator Associated Hospital
22 Leena Padha Spl Secretary Agricultural Production
23 Kusum Badyal Addl. Director Handloom
24 Rajinder Singh Tara Regional Director, Attached
25 Ms. Vivek Sharma ADDC Samba
26 Mohamad Hussain Mir Spl. Secretary Tourism
27 Tariq Hussain Ganai Director Hospitality and Protocol
28 Munir Ul Islam Director Information
29 Showkat Aijaz Bhat Deputy Commissioner Ganderbal
30 Jatinder Singh Secretary J&K State Vigilance Commissioner
31 Sajjad Hussain Ganai ADDC Kulgam
32 Anu Malhotra Addl. Commissioner Commercial Tax Jammu
33 Shamim Ahmad Wani Addl. Commissioner Commercial Tax Srinagar
34 Nitu Gupta Deputy Commissioner Labour Jammu
Annexure - B (Gainers)
S. Name of the officer Place of posting
No.
1 Samita Sethi Joint Director information Jammu
2 Anuradha Gupta Deputy Commissioner Excise Jammu
3 Tanvir Iqbal Joint Registrar Cooperative Jammu
4 Mahmood Ahmed Shah RTO Kashmir
5 Muzaffar Ahmed Pir ADC Handwara
6 Inderjeet ADC Samba
7 Mathora Masum Deputy Commissioner Commercial Taxes
8 Suraiya Jabeen CEO JUDA
9 Nawab Din PO ICDS Reasi
10 Mohammad Hanif Malik ADC Kishtwar
11 Sudershan Kumar Addl. Secretary
12 Abdul Hamid Secretary J&K Electricity Regulatory Commission
13 Rajesh Kumar Shavan Regional Director, Jammu
14 Nazir Ahmed Khawaja PO ICDS Baramula
15 Shafkat Iqbal Joint Director information Kashmir
16 Dr. Bharat Bushan CEO Tourism Dev. Authority Lakhanpur
17 Dr. Nirpua Rai Joint Director information Jammu
18 Ashok Kumar CEO TDA Poonch
19 Rakesh Kumar Sarangal Dy. CEO Election
20 Babu Ram Addl. Secretary Social Welfare |
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