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HC sets aside writ court judgment, asks for fresh adjudication
Final KAS seniorty list
4/18/2016 11:06:22 PM
Early Times Report
JAMMU, Apr 18: In a bunch of LPAs, challenging the writ court judgment regarding the final seniority list of KAS officers, a high court division bench of Justice Mohammad Yaqoob Mir and Justice Bansi Lal Bhat today observed that the impugned judgment was not sustainable and set it aside, saying that all the petitioners are remanded back to the writ court for fresh adjudication.
The petitioners had challenged the government order No 743-GAD of June 24, 2011 as regards the final list of KAS officers. The writ court had observed that the final seniority list was legally valid except for 49 persons, who would be placed below the petitioners and others appointed in 2008.
The bench observed that "we are inclined to settle all controversies but for a handicap and one of petitioner's pleadings have not been completed and equally the issue regarding rights of 49 officers, which are too aggrieved as they have been pushed to the bottom of the seniorty list by dint of impugned judgment, is required to be adjudicated upon and their induction into KAS has been questioned".
The bench observed that the impugned judgement was not sustainable and set its aside while saying that all the petitioners were remanded back to the writ court for fresh adjudication. The bench directed that the respective pleadings should be completed within four weeks.
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