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| DB asks Writ Court to decide bunch of petitions regarding final seniority list of KAS within six to eight weeks | | | EARLY TIMES REPORT
Jammu,October-22:- in a bunch of appeals filed against the order of Writ Court in a much publicized final seniority list of KAS passed on September 30, 2011, Division Bench of Jammu & Kashmir High Court comprising Chief Justice FM Ibrahim Kalifullah and Justice Virender Singh requested the Single Judge to ensure that the petitions are decided preferably within six to eight weeks in order to bring a lasting solution to the issues raised between the petitioners and the contesting respondents.
According to the order of writ Court dated September 30, 2011 Justice Mansoor Ahmed Mir after hearing battery of lawyers for the both sides observed that Keeping in view the averments contained in petitions read with the reply filed by the appearing respondents and the report of ‘Varghese Committee’ coupled with the fact that the applicability of Rule 15(4) of Rules of 2008 read with other rules is to be determined, Court is of the considered view that the petitioners have made a case for admission and admitted all the petitions to hearing and issued notice to the respondents and observed that All the petitioners except petitioners, namely, Addul Hamid, Mushtaq Ahmad Chowdhary, Showket Hussain Kazmi, Mushtaq Ahmad and Dara Singh (have pressed into service the remedy provided by Rule 15(4) of Rules of 2008 by filing review petitions before the official respondents which are still pending. Whether such remedy can be availed or not is a matter to be decided by the competent authority. It is worthwhile to mention herein that in last paragraph of the impugned final seniority list, it is provided that if any person is aggrieved, he can make an application for review. In the given circumstances, if the official respondents are allowed to make promotions on the basis of final seniority list that would render the writ petitions infructuous and breed litigation, but it is also to be kept in mind that the Government has to run the administration, seats are vacant and are to be manned in order to ensure smooth functioning of the administration/Government offices and ordered that the impugned final seniority list is kept subject to the outcome of writ petitions with a direction to the official respondents not to make promotions on substantive basis, but in order to run the administration/Government offices, they are at liberty to make appointments only on officiating basis. It is made clear that if such an arrangement is made, the same shall not create any right, interest or equity in favour of such person(s) and shall not cause any prejudice to the petitioners in any way.
Against this order bunch of appeals are filed in the State High Court which were dismissed by the Division Bench with the observation that it is reported by one of the counsel for the appellant APLA that as directed the Single Judge, publication has been effected in two dailies having wide circulation in the area where the private respondents reside. The Single Judge directed all writ petitions to be listed after three weeks after 30th of September, 2011. therefore, all the writ petition shall be listed before the Single Judge on October 28, 2011 on expiry of three weeks period, Upon this DB request the single judge to ensure that the petitions are decided preferably within six to eight weeks in order to bring a lasting solution to the issues raised between the petitioners and the contesting respondents.
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