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| CAT castigates J&K admin for twisting rules to extend benefits to favourites | | | EARLY TIMES REPORT
JAMMU, June 21: Central Administration Tribunal (CAT) comprising Chairman Justice L Narasimha Reddy and Administrative Member Tarun Shridhar in a hard heating judgment castigated the higher officials of J&K administration who twist and bend rules to benefit the officers of their choice, whereas it stuck to the rules in case of the normal officers.
This significant judgment has been passed in a petition filed by Joginder Lal Bhagat who was initially appointed as an Accountant in the Ravi Tawi Command Area Farmers Service Cooperative Society Limited (for short 'Society') between 1976 and 1984. He took part in Combined Competitive Examination held for Kashmir Administrative Service (KAS) in the year 1984. He attained the age of superannuation on 31.03.2010. At that stage, just before his retirement, he submitted a representation to the Government, with a request to add the service rendered by him in Society, for the purpose of pension. That request was rejected, through an order dated 20.01.2010 followed by another order dated 19.02.2010.
The applicant contends that there are several instances of the services rendered in Non-Government Organizations being counted in other Government service as and when the persons were selected to KAS and in his case, the benefit was denied. He cited the examples of Kuldeep Raj Sharma, Ram Paul Gupta and two others. The applicant contends that there was a clear case of discrimination on the part of the respondents.
CAT after hearing Adv Ashok Sharma for the petitioner whereas Deputy AG Rajesh Thappa for the respondents observed that the facts, as presented in the pleadings and the annexures in this case, reflect a lack of clarity and consistency on the part of the Government. Orders were passed discriminately extending the benefit of counting the past service of the officers selected to KAS, in certain cases, by relaxing the rules and in other cases, by citing some other reasons.
CAT observed that it is not uncommon that whenever a person is selected and appointed in the Government service, the past service rendered by him earlier to that, is counted, subject to certain conditions.
CAT after close scrutiny of the orders reveals that the higher administration of the state was twisting and bending the rules, to benefit the officers of their choice, whereas it stuck to the rules in case of the persons, like the applicant.
CAT further said that the Government is required to be consistent, particularly when it deals with the services of its top and senior officers in the administration. Discrimination of this nature would send a wrong signal and in a way, would reflect the method of functioning of the Government.
With these observations, CAT allowed the petition and set aside the impugned order and directed the Chief Secretary of the State of Jammu &Kashmir to take into account, all the cases in which the past service of KAS officers in other organizations were added and that of the applicant; and to pass a consistent order, strictly in accordance with law, if it is proposed to withdraw the benefit granted to any officer, notice shall be issued. An exercise in this behalf shall be completed within a period of three months from the date of receipt of a copy of this order. JNF |
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