HC issues notice to CS, Secy GAD in contempt petition

*Beneficiaries of stopgap arrangements holding key positions

Mohinder Verma

JAMMU, Aug 19: Despite explicit directions from the Division Bench of State High Court, the State Government is not ready to revert the orders whereby around 40 KAS officers were placed in the Special Scale of Jammu and Kashmir Administrative Services on stopgap arrangements. Taking serious note of this, High Court today issued contempt notices to Chief Secretary and Secretary General Administration Department.
The notices were issued in a contempt petition filed in the case titled Ashok Kumar Versus State of Jammu and Kashmir.
Advocate Abhinav Sharma appearing for the petitioner submitted that following Division Bench’s order dated August 8, the respondents were required to revert the promotions of around 40 KAS officers from Special Scale to the Selection Grade as the court had rejected the application of the Government seeking extension of interim arrangement.
“The DB had also observed in the same order that if interim arrangements are allowed to continue then there is valid apprehension in the minds of officers other than 49 that they will never get their due promotion”, he said, adding “the Government has till date not ensured compliance of the order despite the fact that period of interim arrangements had expired on June 10, 2014”.
After hearing Advocate Abhinav Sharma, Justice Janak Raj Kotwal issued notice to the Chief Secretary and Secretary GAD in the contempt petition.
Meanwhile, sources said that several beneficiaries of the stopgap arrangements have been enjoying key positions in the administration because of patronage from the higher-ups.
The KAS officers, who were placed in the Special Scale on stopgap basis vide Government Order No.230-GAD of 2014 dated February 25, 2014, and fall under the purview of the Division Bench’s directions, include Riyaz Ahmed Choudhary, Special Secretary, Consumer Affairs and Public Distribution Department, Choudhary Rashid Azam Inqalabi, Deputy Commissioner Ramban, Rifat Arif, Administrator, Associated Hospitals, Srinagar, Sheikh Arshad Ayub, Special Secretary, Home Department, Majid Khalil Ahmad Drabu, Special Secretary, Department of Tourism and Culture.
Similarly, Veer Ji Hangloo, Abdul Rashid War, Narinder Singh Bali and Aijaz Ahmed Bhat, who were also placed in Special Scale of KAS vide same order, are presently posted as Additional District Development Commissioners of Rajouri, Srinagar, Kathua, Budgam and Anantnag respectively.
Likewise, Shabnam Kamili, who was placed in the Special Scale on stopgap basis vide Government Order No.248-GAD of 2014 dated February 28, 2014, is presently posted as Special Secretary to Government, BPE, Floriculture and Horticulture Department.
Dr Ghulam Nabi Itoo, who was also placed in Special Scale vide the same order, is presently holding the post of Mission Director ICDS Scheme J&K. Ravinder Kumar Bhat, a beneficiary of interim arrangement, is presently Additional District Development Commissioner, Baramulla.
The temporary placement of these and several other officers in Special Scale of KAS was allowed by the Division Bench earlier on the ground of facilitating the Government to make arrangements for Lok Sabha elections and then on plea of overcoming the administrative difficulty.
However, on both the occasions, the Division Bench made it clear that the stopgap arrangements were permitted only in the larger interest of running the day-to-day administration and the same, as per the orders of the DB, came to an end on June 10. As State could not get any relief from the Supreme Court, the order of the DB about bringing an end to the stopgap arrangements had to be implemented in totality by the Government.

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