DB allows State to include 14 senior most KAS officers for induction into IAS

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DB allows State to include 14 senior most KAS officers for induction into IAS

6/19/2015 11:28:07 PM

Early Times Report

Jammu, June 19: A Division Bench of State High Court comprising justice Hasnain masoodi and Justice Janak Raj Kotwal, allowed the state to include senior most 14 officer in the Final Seniority list notified vide Govt. Order No: 743-GAD of 2011 dtd 24.06.2011 in the panel and in the event, any of the officers is appointed to the Service, to keep such appointment / induction in abeyance till disposal of and subject to the outcome of the Letters Patent Appeals. This significant direction has been passed in an application filed by the state in LPA regarding Officers appointed to the Time Scale of the Jammu and Kashmir Administrative Service w.e.f., 01/01/2004 to 01/12/2008, are locked in inter-se dispute regarding their seniority in the service for the last four years. Division Bench today observed that delay in disposal of the appeals, has kept the pot boiling with negative spill over on efficiency of the administrative machinery. Court said that one of the adverse consequences of the controversy is failure of the State Government to recommend the members of the Jammu and Kashmir Administrative Service for their induction into Indian Administrative Service against 8 vacancies that have become available between 1/1/2013 to 31/12/2013 despite Under Secretary to Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training vide communication dtd 19/5./015 addressed to the Chief Secretary, Govt of Jammu and Kashmir, Jammu, has requested for necessary action so that vacancies in promotion quota in the (IAS) are filled. Division Bench also said that in the present case, State Government has to submit a panel of 24 officers belonging to Jammu and Kashmir Administrative Service to the DoP&T. The Selection Committee is to accord consideration to empanelled officers and select eight amongst them for the vacancies in question. The seniority of 10 senior most officers of the cadre admittedly is beyond dispute. They are not party to the present litigation, it said. However, they are made to suffer and the benefit otherwise due to them, denied to them only on the ground that the 14 officers junior to them, are entangled in a dispute about their seniority with their colleagues while non-availability of sufficient number of officers dissuades the State Government from submitting the panel of 24 officers to the Department (DoP&T). Division Bench further observed that appellants in LPA (SW) No. 20/2014, who are seeking permission to operate the seniority list of Time Scale officers of Jammu and Kashmir Administrative Service notified vide Govt. Order No. 743-GAD of 2011 dtd 24/6/2011 to the extent of 14 senior most officers for their inclusion in the panel of 24 officers so that 8 slots available for the selection year 2013 are filed up from amongst the officers included in the panel. Division Bench after considering both the sides observed though seniority position of 14 officers has found approval of the Writ Court, yet challenge to their standing in final seniority list is thrown by their colleagues in the cadre. Peculiar nature of controversy, calls for balancing of interests of the officers not involved in the dispute and interest of all those who oppose empanelment of 14 senior officers, party to the dispute but required to be empanelled so that 10 eligible officers do not lose a right, that has come their way, on mere technical grounds. With these observations, Division Bench disposed of application with the direction that State Government would be free to include first 14 officers in the Final Seniority list notified vide Government Order No. 743-GAD of 2011 dtd 24/6/2011 in the Panel and consideration accorded by the Selection Committee to the appointment of 8 officers from amongst the empanelled candidates against 8 positions available in the year 2013. If Selection Committee finds one or more officers amongst 14 senior most officers in the final seniority list dtd 24.06.2011 meritorious enough to be appointed to Indian Administrative Service against one or more of the eight vacancies available for the year 2013, the appointment / induction of such officer(s) shall remain in abeyance and not acted upon subject to outcome of LPAs pending against the writ court judgment dated 8.11.2013. The LPA Bench, however, would be free to alter or modify this direction at the instance of either of the parties. (JNF)

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