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| Final Seniority List of KAS Challenged | | `It subject to outcome of CMP' | | EARLY TIMES REPORT
Jammu, July-12 (JNF):- The high Court today kept the final seniortity list of KAS officers subject to the outcome of CMP. The HC after clubbing two writ petitions filed by Ashok Kumar & Ors and Tanveer Iqbal & Ors challenging the final seniority list of officers of KAS passed the order today.
Petitioners challenged Govt order No 743-GAD of 2011 dated June 24, 2011, final list of the officers of KAS was issued. The grievances of petitioners is that the official respondents have not exercised their power and made an exercise for appointing/promoting them in time-scale in 2004, 2005, 2006 & 2007 in terms of J&K Administrative Service Rules 1979 despite of the fact that petitioners were eligible and vacancies were available in their respective feeding service at the relevant point of time, J&K Administrative Rules 2008 came to be notified and issued on December 1, 2008 in terms of the Rules 2008, the rights of the petitioner are protected and accordingly officials respondents consider the case of all eligible persons and issued tentative seniority list on April 21, 2010, objections were filed and a committee was constituted for considering the objections to make recommendation for issuing final seniority list, it is contended that, the committee has wrongly made recommendation which are contrary to the statutory provisions of Rule 15 (4) of Rules of 2008. Officials’ respondents have wrongly interpreted and applied judgment of Supreme Court in case State of Jammu & Kashmir Vs Javed Iqbal Balwan and State of J&K Vs Suraj Parkash. Accordingly counsels appearing for petitioners argued that the impugned final seniority list be quashed.
After hearing the parties the high COurt observed that keeping in view the averments contained in the petitions read with the arguments advanced at bar, it appears that debatable issues are involved, issued notice and also notice in the CMP, AAG waived notice on behalf of State respondents Chief Secretary and Commissioner/Secretary GAD and also issued notice to 145 private respondents including Caveators. Court said that notice to private respondents goes through Commissioner/Secretary GAD returnable within one week and also directed to publish notice in two dailies each from Jammu and Kashmir. High Court ordered that reply be filed by or before July 20, 2011. In the meanwhile ordered that final seniority list is kept subject to the outcome of CMP. It is also provided that if respondents have to make an exercise for grant of promotion/grade promotion/induction into IAS, they are at liberty to do so, but shall not make final orders including the order of adjustment on stop-gap basis till July 20, 2011.
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