Excelsior Correspondent
JAMMU, June 21: Central Administrative Tribunal (CAT) comprising Chairman Justice L Narasimha Reddy and Administrative Member Tarun Shridhar has castigated the higher officials of J&K administration for twisting and bending the rules to benefit the officers of their choice.
The strictures were passed in a petition filed by Joginder Lal Bhagat, who was initially appointed as an Accountant in the Ravi Tawi Command Area Farmers Service Cooperative Society Limited between 1976 and 1984. He took part in Combined Competitive Examination held for Kashmir Administrative Service (KAS) in the year 1984. Just before his retirement, he submitted a representation to the Government with a request to add the service rendered by him in society, for the purpose of pension.
However, the request was rejected through an order dated 20.01.2010 followed by another order dated 19.02.2010.
The applicant contends that there are several instances of the services rendered in Non-Government Organizations being counted in other Government service as and when the persons were selected to KAS and in his case, the benefit was denied. He cited the examples of Kuldeep Raj Sharma, Ram Paul Gupta and two others.
After hearing Advocate Ashok Sharma for the petitioner whereas Deputy AG Rajesh Thappa for the respondents, the CAT observed, “the facts reflect a lack of clarity and consistency on the part of the Government. Orders were passed discriminately extending the benefit of counting the past service of the officers selected to KAS, in certain cases, by relaxing the Rules and in other cases, by citing some other reasons”.
“The applicant expected the same treatment but the respondents denied him such benefit. The whole episode reflects the unsatisfactory way of functioning of the Government, in the context of treating the officers of the level of KAS”, the CAG said, adding “it is not uncommon that whenever a person is selected and appointed in the Government service, the past service rendered by him earlier to that, is counted, subject to certain conditions. Much would depend upon the nature of employment, which the concerned official had before joining the Government service”.
“The close scrutiny of the orders referred to by the applicant reveals that the higher administration of the State was twisting and bending the Rules to benefit the officers of their choice, whereas it stuck to the Rules in case of the persons like the applicant”, the CAT said, adding “it is not as if there was a long time gap between the dates on which the orders were passed or that there was change in the law. It is a clear cut case of discrimination in the context of granting relaxation”.
“The applicant contends that he was discriminated simply because he belongs to scheduled caste community and one cannot ignore the plea, if one takes into account, the text and context of the orders passed in favour of others officers”, the CAT observed, adding “Government is required to be consistent, particularly when it deals with the services of its top and senior officers in the administration. Discrimination of this nature would send a wrong signal and in a way, would reflect the method of functioning of the Government”.
CAT said that the best thing for the Government, even at this stage, is either to withdraw the benefits, which were granted to the officers, contrary to law, in favour of officers, similarly situated as the applicant, or to grant the same benefits to the applicant.
With these observations, CAT allowed the petition and set aside the impugned order and directed the Chief Secretary to take into account, all the cases in which the past service of KAS officers in other organizations were added and that of the applicant; and to pass a consistent order, strictly in accordance with law, if it is proposed to withdraw the benefit granted to any officer, notice shall be issued.
“An exercise in this behalf shall be completed within a period of three months from the date of receipt of a copy of this order”, the CAT directed.
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