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| CAT upholds validity of J&K Civil Services (Decentralization & Recruitment) Act, 2010 | | |
Asif Iqbal Naik
Early timse Report
JAMMU, Sept 9: The Central Administrative Tribunal (CAT), Jammu Bench has upheld the validity of Sub Section (2) of Section 10 of J&K Civil Services (Decentralization & Recruitment) Act, 2010 along with Rule 19 of J&K Civil Services (Decentralization & Recruitment) Rules, 2010.
As per the details available with Early Times, according to the aforesaid provisions for the purpose of promotions from district cadre to a division cadre post shall be allocated to each district the number of Divisional Cadre post in the ratio and proportion as the cadre strength of each district bears to the total cadre strength of Division as far as practicable and make promotions accordingly.
Three petitions bearing T.A No’s 61/584/2020 titled Subash Chander Vs. State of J&K & Ors., 61/6565/2020 titled Vinay Kumar & Ors. Vs. State of J&K & Ors. and T.A No. 61/3433/2020 titled Mansur-ul-Amin & Ors. Vs. State of J&K & Ors. have been filed by Patwaris working in district Kathua, Doda and Rajouri through Senior Advocate Sh. Sunil Sethi wherein they assailed the validity of aforesaid provisions of J&K Civil Services (Decentralization & Recruitment) Act, 2010 and the Rules made thereunder and sought to declare these provisions as ultra vires of the Constitution of India, J&K Revenue (Sub-Ordinate) Service Recruitment Rules, 2009 and J&K Civil Services (Classification, Control & Appeal) Rules, 1956.
On the contrary two petitions bearing T.A No. 62/717/2020 titled Anzar Ahmed Kalal & Ors. Vs. State of J&K & Ors. and T.A No. 61/1274/2020 titled Shesh Kumar & Ors. Vs. State of J&K & Ors. were filed by Patwaris working in district Kishtwar through Advocate Faheem Showkat Butt wherein they sought directions to respondents to strictly adhere to the provisions of Sub Section (2) of Section 10 J&K Civil Services (Decentralization & Recruitment) Act, 2010 and Rule 19 of J&K Civil Services (Decentralization & Recruitment) Rules, 2010 while making promotions of patwaris which is district cadre post to the Divisional Cadre post of Girdawars and further to the post of Naib Tehsildar.
They also sought the preparation and issuance of seniority list of patwaris of Jammu Division at district level in accordance with Section 12 of J&K Civil Services (Decentralization & Recruitment) Act, 2010 and Rule 22 of J&K Civil Services (Decentralization & Recruitment) Rules, 2010 and thereafter allocate to each district the number of Divisional Cadre post in the ratio and proportion as the cadre strength of each district bears to the total cadre strength of Division as envisaged under Sub Section (2) of Section 10 J&K Civil Services (Decentralization & Recruitment) Act, 2010 and Rule 19 of J&K Civil Services (Decentralization & Recruitment) Rules, 2010.
Since there were rival claims as such the Tribunal impleaded the petitioners as respondents in each other petitions. After hearing the respective counsels of the parties represented by battery of lawyers the Tribunal dismissed the petitions wherein the virus of aforesaid provisions of J&K Civil Services (Decentralization & Recruitment) Act, 2010 and Rule 19 of J&K Civil Services (Decentralization & Recruitment) Rules, 2010 have been challenged by holding that no strong case has been made for declaring the said provisions as ultra-vires of the Constitution, Revenue (Sub-Ordinate) Recruitment Rules 2009 and J&K Civil Services (Classification, Control & Appeal) Rules, 1956. The Tribunal allowed the other petitions filed through Advocate Faheem Shokat Butt and direction has been issued to respondents to make promotions of Patwaris to the post of Girdawars by strictly adhering to the provisions of the aforesaid Act and the Rules. The Tribunal also held that the J&K Civil Services (Decentralization & Recruitment) Act, 2010 is a piece of legislation and thus has over riding effect upon any Rules of 2009 which has been made in exercise of powers conferred by the proviso to Section 124 of Constitution of J&K (Corresponding to Article 309 of Constitution of India) and the proviso provides that the Rules are effective, subject to provision of any law made by the Legislator after coming into force of the Constitution.
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