CAT restrains GAD from publishing final seniority list of KAS

Excelsior Correspondent
JAMMU, Nov 7: Central Administrative Tribunal (CAT) comprising Justice L Narasimha Reddy (Chairman) and Mohd Jamshed (Member) has restrained the General Administration Department (GAD) from publishing final seniority list of the officers of the Jammu and Kashmir Administrative Service commonly known as KAS appointed to the Time Scale between January 1, 2004 and December 1, 2008.
The order has been passed in a petition filed by Anoo Malhotra (Director Industries) and others seeking quashment of Govt Order No 749-JK (GAD) dated August 5, 2020 whereby and where-under the redrawn seniority list of Jammu and Kashmir Administrative Services, appointed to the Time Scale KAS between 01.01.2004 and 01.12.2008 has been notified.
The petitioners are also seeking direction to Chief Secretary and Commissioner Secretary GAD to redraw the seniority list of the applicants and those officers who were inducted into the Time Scale of Kashmir Administrative Service (KAS) in 2008 but against the vacancies/ slots which were available in their respective Departmental Feeding Services in the years 2004, 2005, 2006 & 2007 strictly in accordance with the proviso attached to Sub Rule 4 of Rule 15 of the J&K Administrative Service Rules, 2008.
They are further seeking direction to respondents to frame one single common seniority list of the members of the Jammu and Kashmir Administrative Service instead of maintaining three separate seniority lists.
After hearing Advocate Abhinav Sharma for the petitioners, the CAG directed respondents that the objections submitted to the draft seniority list dated 05.08.2020 may be considered. However, the final seniority list shall not be published for a period of two weeks.
The applicants have challenged various steps initiated by the Government since 01.04.2020, for the revision of the seniority list of Jammu & Kashmir Administrative Services, particularly in respect of appointments made to the Time Scale between 01.01.2004 and 01.12.2018.
They contend that a committee appointed for this purpose submitted a report and by accepting the same, the Government has published a draft seniority list on 05.08.2020. They have challenged the same. Moreover, a writ petition filed before the High Court on this issue has since been transferred to the Tribunal.