JAMMU: In reference to news item titled Undue promotions, plum postings for blue-eyed in KAS cadre Omar turning a deliberate blind eye? carried by local daily on 10.3.2013, the government has issued a detailed clarification on the matter.
The GAD spokesperson has clarified that a tentative seniority list of the KAS officers, appointed to the Jammu and Kashmir Administrative Service between 1.1.2004 to 1.12.2008, was notified in 2010. As per the procedure, objections were invited from all concerned. 110 representations were received against this seniority list, in which substantial issues were raised.
For examination of these issues and the individual representations of the officers, a three member Committee headed by Shri Verghese Samuel, IAS, the then Chairman, J&K Special Tribunal, was appointed in 2010, which included Secretary, Department of Law, Justice and Parliamentary Affairs also as one of the Member. The Committee after identifying and examining the various issues raised in these representations, made certain recommendations, advising GAD to rework the seniority accordingly. In the tentative seniority list, the seniority position had been assigned on the basis of dates when the vacancies arose. The Verghese Committee categorically rejected this approach and observed that the same was inconsistent with the rules and the Apex Courts judgment in Suraj Prakash case.
Based on the recommendations/observations of the Verghese Committee and further examination of the issues in consultation with Department of Law, Justice and Parliamentary Affairs, a final seniority list of the officers appointed to the Time Scale of Jammu and Kashmir Administrative Service w.e.f 1.1.2004 to 1.12.2008, as it stood on 1.1.2010, was issued in 2011. The officers who would still feel aggrieved with their placement in the final seniority list were given the option to file Review Petition before the Government.
While the department was in process of disposing of these Review Petitions, five service writ petitions (03 bearing nos 1347/2011, 1352/2011 and 1413/2011 titled Tanveer Iqbal, Ashok Kumar and Showkat Hussain Kazmi, at Jammu, and 02 bearing nos 1450/2011 and 1487/2011 titled Mukhtar-ul Aziz and Abdul Salam Mir, at Srinagar bench of the High Court) came to be filed by the officers against this final seniority list. In all these writ petitions, benefit of review provided under Rule 15(4) of KAS Rules, 2008 has been sought.
After clubbing all these writ petitions, the Division Bench vide its interim order dated 30.9.2011 allowed the Government to make appointments only on officiating basis in order to run the administration/government offices. The Government has accordingly made officiating promotions from amongst the officers in the impugned seniority list. However, the same have been made subject to the condition that these shall not create any right, interest or equity in favour of such persons and shall not cause any prejudice to the petitioners in any way.
Whereas, one group of the officers figuring in the final seniority list is seeking benefit of review provided under Rule 15(4) of KAS Rules, 2008, the another group has sought directions from the Court to declare this provision as illegal and ultra-vires. These writ petitions are pending adjudication in the High Court.
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