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| Placement of DC Srinagar in KAS Super-time Scale | | HC dismisses petition with Rs 20,000 costs | |
Early Times Report
Jammu, Feb 13 (JNF): In a petition filed by Rohit Khajura KAS challenging the Govt Order dated September 4, 2013 whereby respondent Farooq Ahmed Shah presently Deputy Commissioner Srinagar placed in the Super time scale KAS on the ground that the said respondent is junior to the petitioner and seeking direction to recommend the his name for induction into IAS.
Justice Mohd Yaqoob Mir of J&K High Court Jammu Wing today after hearing Sr. Adv Sunil Sethi with Adv Ravi Abrol and Adv DK Khajuria appearing for the petitioner whereas Sr. AAG Gagan Basotra appearing for the state whereas Adv WS Nargal for Farooq Ahmed Shah has dismissed the petition with costs Rs 20,000 to be deposited in the Advocates Welfare Funds.
While dismissing the petition, Justice Mohd Yaqoob Mir observed that On perusal of the respective pleadings of the parties, what emerges is that the petitioner has been appointed on adhoc basis as Assistant Director, Handloom vide Order dated 26.04.1990 subject to clearance by the State Public Service Commission. On technical grounds, substantive appointment was not granted, as a result thereof, he has filed writ petition, SWP No. 570/1990, which was decided wherein he was found entitled to substantive appointment with effect from 26.04.1990 with a further observation that his seniority has not been properly fixed. Vide Government Order No. 378-Ind of 1995 dated 27.11.1995, the seniority list was issued, wherein his name did not figure, whereas Sh. Farooq Ahmad Shah figured at S. No. 4. Aggrieved thereof, SWP No. 1362/1999 was filed which has been disposed of vide judgment dated 09.10.2006 with a direction to respondent No. 3 therein (Commissioner/Secretary to Government, Industries & Commerce Department, J&K, Civil Secretariat) to fix his seniority, vis-a-vis, Farooq Ahmad Shah. Once proper placement is fixed, he shall be entitled to all consequential benefits. Further, it has been directed that if the petitioner is found eligible and suitable, respondent No. 3 may consider recommending him for induction into KAS in accordance with rules. In compliance whereof, respondents have considered the case of the petitioner, which culminated into issuance of Government Order No. 200-Ind of 2010 dated 29.10.2010, wherein it has been concluded that Sh. Farooq Ahmad Shah has been appointed on 29.10.1987, whose seniority has been reckoned with effect from 29.10.1987 in the Handloom Development Department in terms of Government Order No. 269-Ind of 1993 dated 08.10.1993. The petitioner has been appointed on 26.04.1990, as such, has been placed appropriately in the seniority list. The petitioner has been considered for induction into KAS and stand inducted vide Government Order No. 1265-GAD of 2008 dated 25.09.2008. The seniority does not merit any modification. Justice Mohammad Yaqoob Mir further observed that petitioner's claim of being senior is beyond imagination, attempt of the petitioner is found to be uncalled for and inappropriate much to the inconvenience of the respondents, more particularly, to respondent No. 6. Petition, being devoid of merit, is dismissed with costs amounting to Rs. 20,000/, to be deposited in the Advocates' Welfare fund. Interim direction dated 24.09.2013 shall cease to be in operation.
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