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| HC directs DoPT to induct Dev Lata into IAS from 2010 | | | Early Times Report
Jammu, June 5: In a landmark judgement, Justice Sanjeev Kumar of J&K High Court directed DoPT to issue appropriate orders of appointment/induction of the Dev Lata into IAS against the slot of the State for the year 2010 within two weeks thereafter.
Justice Sanjeev Kumar observed that pursuant to the combined competitive examination conducted by the Jammu & Kashmir Public Service Commission, the petitioner came to be appointed directly in the gazetted cadre of the State services and joined her services as such in the year 1984. By dint of her merit and seniority the petitioner reached the super time scale of the J&K Administrative Service and was holding the rank of Commissioner/Secretary to Government at the time when this petition came to be filed. The petitioner on the basis of her seniority of the KAS officers working in the State and other eligibility conditions as laid down in the Indian Administrative Service (Appointment by Promotion) Regulations, 1955, became entitled to be considered for appointment by promotion to the Indian Administrative Service against the slots allocated to the State of Jammu & Kashmir for the year 2010.
The short grievance of the petitioner is that had the respondents made selection against all the eight posts allocated to the State of Jammu & Kashmir for the year 2010, the petitioner who was at serial No.6 of the eligibility list could have been recommended and appointed to the Indian Administrative Service.
Justice Sanjeev Kumar observed that it is shocking to note that the respondent No.4 could not understand Regulation 7(4) of the Regulations in correct perspective. Court failed to understand how respondent No.4 could commit such a glaring mistake and take stand which is ex-facie de hors the Regulations.
Justice Sanjeev Kumar observed that be that as it may, the fact remains that when the request for convening of the special meeting of the selection committee was received by respondent No.4 in terms of communication of the General Administration Department of the State dated 04.07.2013 (supra), the validity of the select list had not yet expired. Apart from the vacancy which had been illegally reserved for Farooq Ahmed Renzu despite there being no order from any competent Court of law, the fact that another vacancy earlier reserved for Ajay Khajuria too had become available, there was no reason or justification for the respondent No.4 not to convene the special meeting of the selection committee as requested by the State Government and consider the case of the petitioner for her induction into IAS.
With these observations Justice Sanjeev Kumar after hearing Sr. Adv MK Bhardwaj with Adv Vasu Dubey for the petitioner whereas ASGI Sindu Sharma for the UOI whereas LK Moza for the state, allowed the petition and directed DoPT to convene a special meeting of the select committee for considering and recommending the name of the petitioner for her appointment by promotion to IAS against the slot of the year 2010. |
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