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| Petition challenging ‘Final Seniority List’ of KAS | | HC issues directions to State | | Et Report
Jammu, Nov 8: In bunch of petitions challenging the final seniority list of officers of KAS, Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing battery of lawyers appearing for the both sides observed that Final seniority list is legally valid except for 49 persons, who would be placed below the petitioners and others appointed in the year 2008.Petitioners challenged Govt order No 743-GAD of 2011 dated June 24, 2011, in which final list of the officers of KAS was issued.
The grievances of petitioners was that the official respondents have not exercised their power and made an exercise for appointing/promoting them in time-scale in 2004, 2005, 2006 & 2007 in terms of J&K Administrative Service Rules 1979 despite of the fact that petitioners were eligible and vacancies were available in their respective feeding service at the relevant point of time, J&K Administrative Rules 2008 came to be notified and issued on December 1, 2008 in terms of the Rules 2008, the rights of the petitioner are protected and accordingly officials respondents consider the case of all eligible persons and issued tentative seniority list on April 21, 2010, objections were filed and a committee was constituted for considering the objections to make recommendation for issuing final seniority list, it is contended that, the committee has wrongly made recommendation which are contrary to the statutory provisions of Rule 15 (4) of Rules of 2008. Officials respondents have wrongly interpreted and applied judgment of Supreme Court in case State of Jammu & Kashmir Vs Javed Iqbal Balwan and State of J&K Vs Suraj Parkash.
Accordingly counsels appearing for petitioners argued that the impugned final seniority list be quashed. Petitioners have also been given liberty to file review petition in terms of the proviso to Rule 15(4) of the Rules of 2008 before the Government within one month and the Government shall take a decision thereon within one month thereafter. If they succeed, the Government would make appropriate changes in the final seniority list accordingly. |
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