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| DB dismisses two applications filed by State, Ors | | Release of Selection Grade, Special Scale to KAS | | Jammu, Aug 8 : In two applications filed by General Administration Dept and State Govt in which State Govt has been urged to release pay scale of Selection Grade and Special Scale in favour of the officers who were not party to the litigation, A Division Bench of State High Court Compirisng Chief Justice MM Kumar and Justice Dhiraj Singh Thakur after hearing Sr. AAG Gagan Basotra for the state observed that in the application it has been averred that they were holding Selection grade posts in J&K Administrative Service and the State be permitted to release selection grade/KAS in favour of all the officers of 1999 batch across the board.
The matter is already subjudice before the Court. At this stage if we permit the grant of selection grade to the superannuated officers it would result in granting various slot meant for the selection grade officers. It would further complicate the matter than solving any issue, directed that this Division Bench is unable to persuade to accept the prayer made by the State Government-appellant and dismissed the same.DB permitted the appellant-State to make stop gap arrangements by considering the cases of those senior officers including the non applicant- writ petitioners for their induction in special scale of KAS officer as an interim measure. The arrangements are permitted only in the larger interest of running the day-to-day administration.
These arrangements would come to an end ten days after 31.05.2014 as already observed and shall not be extended any further. In the meanwhile, as interim measure the appellant-State must also examine and consider the claim made by the non applicant-writ petitioners under 15(4) of 2008 Rules by filing applications in pursuance of the direction issued by this Court. The same shall be placed before this Court on or before 31.05.2014 so that the rights of the non applicant-writ petitioners may also be protected. Such a determination at the hands of respondents would facilitate the final decision of the appeals. It is however, made clear that this order shall be subject to the final decision of the appeal."
Division Bench further observed that in order to complete the narration of facts, it is further necessary to point out that the State Government filed SLP(Civil) Nos. 10242-10243/2014 against the order dated 13.02.2014. A copy of the Special Leave Petition has been placed before this Court. The prayer is for grant of Special Leave to Appeal against the interim order dated 13.02.2014 which was passed at the instance of State Government as an interim relief. It was claimed that ad interim ex-parte stay of the operation of the directions contained in the interim order dated 13.02.2014 passed by this Court be issued specially to the extent it directs for considering the claim made by the non-applicant- writ petitioners under Rule 15(4) of 2008 Rules.
It is further pertinent to mention that in various paragraphs of the S.L.P misleading and incorrect statement of facts have been made. In that regard our attention has been invited to that the impugned direction of the Division Bench is bad in law in as much as the same results in reversing the order of status quo granted in the Letters Patent Appeal filed by the Petitioner/State in respect of the direction to examine and consider the claim made by the non applicant-writ petitioners under 15(4) of 2008 Rules. It is submitted that in the absence of any application seeking recall of the aforesaid order of status quo in respect of the direction to comply with Rule 15(4), there was no occasion to modify the same and to that extent the impugned direction is vitiated, arbitrary and illegal. the Division Bench erred in permitting the stop gap arrangement to be adopted by limiting the time limit of its operation. It is submitted that in the application filed by the Petitioner/State, it had explained in detail the reason warranting the permitting of the stop gap arrangement proposed and the Division Bench having appreciated the same had permitted the stop gap arrangement being adopted.
However, by imposing a time limit for operation of the said stop gap arrangement the same has resulted in a situation leading to uncertainty in the functioning of the administration and administrative chaos." Division Bench observed that if interim arrangements are allowed to continue then there is valid apprehension in the minds of the officers other than 49 officers that they will never get their due promotion particularly when in the order dated 13.02.2014, we have made it categorically clear that there would be no further extension granted. The period has come to an end on 10.06.2014 i.e 10 days after 31.05.2014. With these observations Court dismissed the applications filed by the state.(JNF) |
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