SRINAGAR, July 27: The High Court has directed the Government not to act upon the non-functional (monetary) scheme till the objections are filed in the plea before the court.
The Government has taken a policy decision and notified a scheme under the name of non-functional (monetary) scheme in terms of SRO 198 dated 25.4.2018 with the rider that the scheme will be operative from January 2018 as the seniority dispute has not been settled amongst the
officers till date.
The batch of KAS officers of the year of 2005 and 2008 approached the court with a plea that by notifying the effective date of application to the scheme, the respondents-authorities have lost sight of the fact that the petitioners have also suffered on account of the dispute with regard to their seniority.
Justice M K Hanjura said, it appears that by giving effect to the scheme from 1.1.2018, the petitioners have been subjected to invidious discrimination and excluded from the benefit of
the scheme notwithstanding the fact that they are similarly circumstanced with other officer to whom the benefits has been accorded.
The scheme, court further added, appears to be discriminatory in nature and thereto is hit by Article 14 of the Constitution of India.
“Therefore, it is directed that subject to the objections and till next date of listing before the bench, the impugned NFS as notified vide SRO 198 shall not be acted upon”, court directed.
Petitioners submitted before the Court that although they have the eligibility as prescribed in the rules of 2008, yet they have not been placed in the selection grade. It is further stated that the
beneficiaries of the scheme and the petitioners under law constitute a single class as all the KAS officers have faced stagnation due to the pending dispute.
It may be mentioned here that the final seniority list of the officers of the KAS was notified in June 2011. The said order became the subject matter of the writ petitions which is subjudice in the court.
On account of the pendency of the case and the orders passed by the Court, the officers could be placed in the pay scale as such the scheme under challenge was introduced by the Government.