HC stays seniority list of officers inducted in Time Scale of KAS

Excelsior Correspondent
JAMMU, May 30: High Court has stayed the seniority list of the officers inducted into Time Scale of Jammu and Kashmir Administrative Service (KAS) and issued notices to the respondents.
The order was passed in a petition filed by Babu Ram seeking quashment of  Government Order No.784-GAD dated July 18, 2014 whereby final tentative seniority lists of officers of J&K Administrative Service promoted/inducted between 2009 and 2011 was issued, to the extent it fixes/places the seniority of the petitioner with effect from 12.04.2010 instead of 2008.
Advocate Abhinav Sharma appearing for the petitioner submitted that Government vide Order No. 223-GAD of 2014 dated 24.02.2014 issued tentative seniority list of officers of J&K Administrative Service working in the Time Scale and who stood inducted between 2009 and 2012 which includes the name of the petitioner as well.
“The tentative seniority list was issued on 24.02.2014 and representations/objections were sought within a period of 21 days. Though the petitioner submitted his objections well within time yet the respondents did not finalize the seniority lists for a period of almost five months and issued final seniority list on 18.07.2014”, he further submitted, adding “while finalizing the seniority list the respondents did not deal with the objections submitted by the petitioner wherein he had claimed the benefit of Rule 15 (4) of J&K Administrative Service Rules-benefit of retrospective promotion/induction with effect from 2008”.
After hearing Advocate Abhinav Sharma appearing for the petitioner, Justice Janak Raj Kotwal observed, “case set-up by the petitioner precisely is that his seniority in the Time Scale of KAS should have been reckoned from the date when he was posted in the cadre on incharge basis in the year 2008”.
Accordingly, High Court issued notice to the respondents and in the meanwhile ordered that subject to objections the impugned seniority list so far it relates to the officers inducted into Time Scale of KAS after the date when the petitioner was posted in the cadre on incharge basis shall remain stayed.

Follow our WhatsApp channel