HC directs Govt to consider KAS induction of officer

Excelsior Correspondent

Srinagar, Mar 5: High Court directed the authorities to accord consideration to the case of petitioner for his induction into Kashmir Administrative Service retrospectively.
The court of Justice MK Hanjura while hearing the plea of one Dr Ghulam Mohi-ud-din Ganaie seeking his induction in KAS, directed the authorities  to accord consideration for the induction to KAS of petitioner the vacancy of the year 2007.
Court said the consideration be accorded to petitioner retrospectively with effect from the date of the issuance of the Govt. Order No. 314-GAD of 2012 dated 15.03.2012, when the appointment order of 14 officers was issued, with all consequential benefits including the seniority in accordance with the rules.
In his petition Ganai  was seeking direction to respondents to induct him in the Kashmir Administrative Services under the Technical Quota as envisaged under Rule 5(1) (c) of the Jammu and Kashmir Administrative Rules, 1979.
After hearing both the sides, court said, that the process of promotion into Kashmir Administrative Service, which was initiated in the year 2008, ultimately culminated into issuance of an appointment order of 14 officers under the technical quota i.e. Government Order No.314-GAD of 2012 dated 15th March, 2012.
Out of the 14 officers, three officers did not join. The petitioner, as such, was entitled to selection keeping in view his merit for appointment into Kashmir Administrative Service and was wrongly denied the appointment on illegal and flimsy grounds as such authorities, he said, be directed to consider his case for induction into KAS.
Referring the case of one of the similar candidates, Court said the similar controversy arose with respect to an officer  Mehraj-ud-Din Khan, who was seeking his appointment in Kashmir Administrative Service under the technical quota as he was also denied induction on the ground that he was not having the requisite pay scale.
Court directed the authorities to take a final decision in the matter within four weeks from the date copy of this order is served on them.

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