Step taken in view of order, principles laid down by CAT
Mohinder Verma
JAMMU, Apr 8: Keeping in view the recent judgment of the Central Administrative Tribunal (CAT) and principles laid down by it, the Government has notified a seniority list of the members of the Jammu and Kashmir Administrative Service appointed between January 1, 2004 and December 1, 2008 as it stood on January 1, 2010.
The Tribunal vide its order dated March 30, 2021 dismissed the pleas challenging the final seniority dated June 24, 2011, set aside the orders constituting the committees to review and revise the final seniority list dated June 24, 2011 and held Rule 15(4) of 2008 Rules and Clause (1) of the proviso as illegal and contrary to law.
Moreover, the Tribunal has observed that the seniority list dated June 24, 2011 fully accords with the KAS Rules as well as general principles of reckoning the seniority.
Now, the GAD in consultation with Department of Law has found that the seniority list of 2011 fully accords with the KAS Rules as well as the general principles of reckoning the seniority except to the extent of modifying the seniority for placing appointees/promotees against leave and training vacancies below those, who are promoted/appointed against regular vacancies as per the principles laid down by the CAT in its order ibid.
It has also been found by the GAD that some more officers have been inducted into the Time Scale of KAS during the year 2008 against the vacancies which didn’t exist as on January 1, 2008 and hence to be treated on par with the officers appointed/promoted against leave and training reserve vacancies.
These officers will have to be placed below those officers promoted/appointed to the Time Scale of KAS during the year 2008 against the vacancies allocable as on January 1, 2008. Moreover, dates of appointment to the KAS in respect of some officers figuring in the seniority list issued on January 24, 2011 have been reviewed and their seniority re-fixed on account of which their names would not figure in the instant seniority list, the GAD said.
“The cases of some officers with dates of induction into KAS after December 1, 2008 have been reviewed sequel whereof their appointment has been made with effect from September 25, 2008 and their inter-se-seniority fixed accordingly. Consequently they would form part of the instant seniority due to re-fixation of seniority order in their favour”, the GAD further said.
Moreover, the cases of four officers namely Mohd Ashraf Bhat, Nazir Ahmed Lone, Mohd Mushtaq Beigh and Nazir Ahmed Mir in respect of whom consideration for induction into KAS was deferred by the Establishment-cum-Selection Committee in its meeting held during the year 2008 on account of pending departmental enquiries were reviewed and effect of appointment given from September 25, 2008 by utilizing leave reserve and training reserve vacancies.
“These officers are to be placed in the instant seniority list by assigning appropriate position as per the rules governing determination of seniority”, the GAD said, adding “three Junior Scale KAS officers of 2004 batch have been inducted into the Time Scale of KAS with effect from a date prior to the date when they would acquire eligibility for such appointment in terms of J&K Administrative Service Rules, 1979 on January 1, 2009 by utilizing leave and training reserve vacancies”.
“These officers will have to be assigned the seniority position in the ratio of 3:1 within the group of officers who have either been appointed/promoted against the leave and training reserve vacancies or against the vacancies which didn’t exist on January 1, 2008 and would actually become available on January 1, 2009”, the GAD said.
Accordingly, the GAD has notified the seniority list of the members of the Jammu and Kashmir Administrative Service appointed between January 1, 2004 and December 1, 2008 as it stood on January 1, 2010 for the information of all the concerned officers.
“This shall be without prejudice to the outcome of the writ petition(s) pending in any court of law”, the GAD has made it clear.
It is pertinent to mention here that a tentative seniority list of 239 officers including two adhoc inductees appointed to the Time Scale of Jammu and Kashmir Administrative Service between January 1, 2004 and December 1, 2008 as it stood on January 1, 2010 was notified vide Government Order No.485-GAD dated April 21, 2010 for inviting objections.
A total of 110 representations were received against this seniority list in which substantial issues were raised. For the examination of the same, the Government appointed a committee headed by the then Chairman J&K Special Tribunal Verghese Samuel.
The committee submitted its report along with recommendations on February 15, 2011 and while the issue of determination of seniority was under examination in the General Administration Department, some officers approached the High Court through the medium of writ petition.
On the basis of interim order of the High Court, it was found that these petitioners were appointed to the Time Scale of KAS in terms of the J&K Administrative Service Rules, 1979 and not under the Rules of 2008 as such their plea regarding fixation of seniority in terms of Rules of 2008 was devoid of any merit and was accordingly rejected.
Thereafter, the final seniority list of the officers appointed to the Time Scale of J&K Administrative Service between January 1, 2004 and December 1, 2008 was notified and 15 days time was given for filing of review petition in case any officer was aggrieved of placement in the seniority list.
Several review petitions were filed but the same could not be disposed of as a slew of writ petitions were also filed challenging therein the seniority list ibid. There were two groups of petitioners—one seeking direction for fixing the seniority strictly in accordance with proviso (i) of Sub-Rule 4 of Rule 15 of J&K Administrative Service Rules, 2008 and another praying to declare the Rule 15 as illegal and ultra-vires the constitution.
While the matter was pending consideration before the court, the Government appointed committee headed by the then Principal Secretary to the then Chief Minister B B Vyas for suggesting a road-map for resolving the seniority issue. However, the recommendations of the committee were found inconclusive and accordingly a committee headed by the then Commissioner Secretary to Government, Social Welfare Department Hirdesh Kumar was constituted on April 1, 2020.
Based on the principles laid down by this committee, the seniority list of the officers appointed to the Time Scale of J&K Administrative Service between January 1, 2004 and December 1, 2008 as it stood on January 1, 2010 was notified in the month of August last year inviting objections from the officers if any aggrieved with the position assigned in the list.
This seniority list was challenged before the Central Administrative Tribunal. In one application, the validity of Rule 15(4) of J&K Administrative Service Rules, 2008 was also challenged. Moreover, the writ petitions which were pending adjudication in the High Court were transferred to the CAT upon re-organization of State of J&K.
The CAT vide its order dated March 30, 2021 dismissed the applications challenging the final seniority dated June 24, 2011. Moreover, the Tribunal set-side the order dated February 1, 2000 constituting a committee to review the final seniority list dated June 24, 2011 and the Government order dated August 5, 2020 revising the final seniority list dated June 24, 2011. The CAT even held that Rule 15(4) of 2008 Rules was illegal and contrary to law.
In its findings, the CAT said, “the seniority list dated June 24, 2011 fully accords with the KAS Rules as well as general principles of reckoning the seniority. The Sub-Rule 4 of Rule 15 of KAS Rules is not valid”. Though the promotions/appointments made against the leave and training reserve vacancies cannot be treated as invalid such appointees/ promotes cannot be placed above those who are promoted/appointed against regular vacancies, the CAT added.
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