DB admits appeals against judgment in final seniority list of KAS

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, Feb 5: Division Bench of the High Court comprising Chief Justice M M Kumar and Justice Dhiraj Singh Thakur today admitted all the 16 Letters Patent Appeal filed by the State and others against the judgment of Writ Court regarding final seniority list of KAS. However, the DB permitted the State to make arrangements for general elections, which are scheduled to be held in the month of April/May 2014 by deputing officers from Time Scale, Selection Scale and Special Scale.
After Senior AAG Gagan Basotra for the State and battery of lawyers for the appellants and the respondents, DB admitted all the appeals for hearing. However, in the application filed by State through General Administration Department praying for staying the judgment and order dated November 8, 2013  rendered by Single Judge, the DB observed, “Mr Basotra submitted that the order of status quo is resulting in to grave difficulties to spare officers for duty to conduct ensuing election for Lok Sabha”.
“According to the averments made in the application, the officers are required to be deputed for election duties and they are also required to be from Time Scale, Selection Scale and Special Scale”, the DB said and modified the order of status quo by permitting the appellant-State to make arrangements for general elections by deputing officers from Time Scale, Selection Scale and Special Scale.
“The Single Judge has recorded findings with regard to 49 officers that they have been inducted in Time Scale in violation of Kashmir Administrative Service Rules, 1979 and a direction has been issued that they are to be kept at the bottom of the seniority list”, the DB observed.
Keeping intact the findings recorded by the Single Judge, the DB directed that the arrangements may be made by deputing officers from the writ petitioners first and if necessity arises from those 49 officers also. The DB made it clear that the term of the present Lok Sabha would be expiring on May 31, 2014 and therefore interim arrangement made under this order or otherwise, if any would come to an end within 10 days thereafter.

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