Et Report
Jammu, Feb 5 : In 16 Letters Patent Appeal filed by State and Ors against the judgment of Writ Court regarding final seniority list of KAS, Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Dhiraj Singh Thakur after hearing in length permitted to State to make arrangements for general elections to Lok Sabha- 2014, which is scheduled to be held in the month of April/May, 2014 by deputing officers from Time Scale, Selection Scale and Special Scale. The court after hearing Senior AAG Gagan Basotra appearing for the state, Sr. Adv M.K.Bhardwaj with Adv Vasu Dubey, Advocate. Advocates S.K.Shukla, and Vipan Gandotra for the appellants whereas Sr. Adv D.C.Raina, Sr. Advocate withArun Kumar, Advocate, Sr. Adv Sunil Sethi, Sr. with Adv Aijaz Mehrab and Advocate Abhinav Sharma for the respondents admitted all the appeals for hearing and in the application filed by State through General Administration Dept praying for staying the judgment and order dated November 8, 2013 rendered by Single Judge.It is appropriate to mention that this Court has already passed an order of status quo, which according to Mr. Basotra, is resulting in grave difficulties to spare officers for duty to conduct ensuing election for Lok Sabha-2014. According to the averments made in the applicatio, the officers are required to be deputed for election duties and they are also required to be from Time Scale, Selection Scale and Special Scale, modified the order of status quo by permitting the appellant-State to make arrangements for general elections to Lok Sabha- 2014, which is scheduled to be held in the month of April/May, 2014 by deputing officers from Time Scale, Selection Scale and Special Scale. The court further viewed that Single Judge has recorded findings with regard to 49 officers that they have been inducted in Time Scale in violation of Kashmir Administrative Service Rules, 1979 and a direction has been issued that they are to be kept at the bottom of the seniority list. Keeping intact the findings recorded by the Single Judge and directed that the arrangements may be made by deputing officers from the writ petitioners first and if necessity arises from those 49 officers also. The court made it clear that the term of the present Lok Sabha would be expiring on May 31, 2014 and therefore interim arrangement made under this order or otherwise, if any would come to an end within 10 days thereafter.( JNF) |
