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| HC directs induction of petitioner into KAS against vacancy of 2007 | | | Early Times Report
Srinagar, Mar 5: Justice MK Hanjura of J&K High Court Jammu Wing directed State to accord consideration to the Dr. Gh. Mohi-Ud-din Ganai 's induction into Kashmir Administrative Service against the vacancy of the year 2007 retrospectively w.e.f. the date of the issuance of the Govt. Order No. 314-GAD of 2012 dated 15.03.2012, when the appointment order of 14 officers was issued, with all consequential benefits including the seniority in accordance with the rules.
In the petition filed by Dr. Gh. Mohi-Ud-din Ganai seeking direction to respondents to induct him in the Kashmir Administrative Services under the Technical Quota as envisaged under Rule 5(1) (c) of the Jammu and Kashmir Administrative Rules, 1979 (for brevity called as Rules of 1979) .
Justice MK Hanjura after hearing both the sides observed that the process of promotion/ encadrement into Kashmir Administr-ative Service, which was initiated in the year 2008, ultimately culminated into issuance of an appointment order of 14 officers under the technical quota i.e. Government Order No.314-GAD of 2012 dated 15th March, 2012, annexed as Annexure-11 to the rejoinder. Out of the aforesaid 14 officers, three officers figuring at Serial No.01, 02 and 08 as alleged by the petitioner did not join. The petitioner, as such, was entitled to selection keeping in view his merit for appointment into Kashmir Administrative Service and was wrongly denied the appointment on illegal and flimsy grounds.
With these observations Justice MK Hanjura allowed the petition and directed respondents to accord consideration to the petitioner's induction into Kashmir Administrative Service against the vacancy of the year 2007 retrospectively w.e.f. the date of the issuance of the Govt. Order No. 314-GAD of 2012 dated 15.03.2012, when the appointment order of 14 officers was issued, with all consequential benefits including the seniority in accordance with the rules. Let a final decision in the matter be taken within four weeks from the date copy of this order is served on them. |
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