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| GAD under scanner for issuing manipulated KAS list | | SC orders violated, sufferers knock doors of JK High Court | | Early Times Report
JAMMU, July 16: The working of the General Administrative Department (GAD) in Jammu and Kashmir which runs under the direct control of Chief Minister Omar Abdullah has come under scanner for issuing manipulated seniority list of KAS officers.
The impugned Govt. Order No. 743-GAD of 2011 Dated 24-06-2011 effected changes in the tentative seniority list of KAS officers issued vide Govt. Order No. 485 GAD dated 21-04-2011. The amendments created a storm as the said order pushed many KAS officers from top position to the bottom position in seniority list, which was termed by many KAS officers as the violation of Sub-Rule 15 of J&K Administrative Service Rules 2008.
The sufferers have challenged the impugned order in the High Court,.
In one of the petition titled as Ashok Kumar and others V/S State of J&K and others, the petitioners seek the quashment of Govt. Order No. 743-GAD of 2011 Dated 24-06-2011. The petitioners in his petition stated that the case for the appointment of the petitioners to the time scale under the rules of 1979 were deliberately delayed for the period of four years by the respondent No. 1 (Chief Secretary) and 2 (Commissioner Secretary GAD) at the instance of those respondents who belonged to various feeding services under the rule of 1979 for which slots were not available even upto 25th September 2008 when leave and training reserved vacancies were utilized as one time exception to make the slot available for them.
The petitioner stated that the deliberate attempt of delaying the appointment of the petitioners was considered by the Govt. itself and mistake was rectified by incorporating and statutory provision under rules of 2008 in the form of Sub-rule 4 of rule 15 and even the benefit of rule 15 stood conferred upon the petitioners when the tentative seniority list was issued. However the Govt, by adopting a unique modus operandi, the respondent 1 did not finalize the tentative seniority list for the period of 14 long months and instead appointed a committee which give recommendations contrary to the statutory provisions under Sub-rule 4 of rule 15 and which resulted into the issuance of the impugned Govt. order which is not sustainable underlaw.
As per the various judgments of Apex court the said Govt. Order No. 743-GAD of 2011 dated 24-06-2011 could be quashed on many grounds. In one such judgment delivered by the Apex court in case title "Vijay Singh Charak V/S Union of India" decided on 26-02.2007 has held that a selection list can be prepared only for a particular year and the same cannot be clubbed for different years, as was done in Govt. Order No. 743-GAD of 2011 Dated 24-06-2011 since the slot/vacancies were available to the services to which the petitioners belonged for all the four years viz 2004,2005,2006 and 2007 could be benefited under law.
The petitioner now prayed for the justice before the Honorable court and are seeking the direction from Jammu and Kashmir High Court to the Government of Jammu and Kashmir for preparing year wise seniority list of the KAS officers so that the justice could be done with the petitioners.
Meanwhile the work in various Government offices across the state of Jammu and Kashmir suffers after the issuance of impugned Govt. Order No. 743-GAD of 2011 Dated 24-06-2011 as most of the KAS officers were busy in preparing themselves for legal battle with the Government over the issue. One of the senior officer of early 80's batch on the condition of anonymity said that he was of the opinion that the impugned Government order have made a strong psychological impact on the working of various officers who became the victim of Govt. Order No. 743-GAD of 2011 Dated 24-06-2011 and will lower down the moral of the dedicated officers. The matter is also very much time consuming since the officers need to move out from the station to attend the regular court hearings in case the decision is lingered on, which will ultimately make the common man sufferer until and unless the Government rectifies its own mistake. It is said that the officers who managed the show are trying their best to convene the Government for issuance of their promotion orders so that the legal battle gets further murkier. The officer maintained. |
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