Excelsior Correspondent
JAMMU, Sept 12: In a significant order High Court has restrained the Government from posting any non-cadre officer against a cadre post in violation of IFS Cadre Rules, 1966 in any arrangement-adhoc, stopgap and incharge.
The direction was passed in a petition filed by IFS cadre officer, who was deprived of a cadre posting. The High Court also directed the respondents to submit compliance report with regard to earlier direction whereby they were asked to adjust petitioner—Jitendra Kumar Singh against the cadre post in conformity to the IFS Cadre Rules, 1966.
In the petition filed by IFS officer through Advocate Wasim Sadiq Nargal, it has been submitted that non-cadre officers are being posted against the cadre posts in various arrangements like adhoc, stop-gap and incharge basis and the petitioner being an IFS cadre officer was deprived of cadre posts which is contrary to IFS Cadre Rules, 1966.
The petitioner has called in question the policy of State Government by virtue of which IFS Cadre officers were being discriminated viz-a-viz their postings and adjustment of State Cadre which was in gross violation of Indian Forest Service Cadre Rules, 1966. According to the petitioner, the Government on other hand was continuing with the policy of making adhoc/temporary arrangement by adjusting non-cadre officers in violation of the Supreme Court Judgment.
“The respondents were also under a legal obligation to constitute a Civil Service Board in conformity with IFS Cadre Amendment Rules, 2014 notified by Ministry of Personnel Public Grievances and Pensions, Department of Personnel and Training to regulate appointments of IFS cadre posts in the State as per guidelines laid down by Supreme Court in TSR Subramanion’s case”, Advocate Nargal said, adding “inspite of the fact that the petitioner was available being IFS cadre officer, State was continuing with the policy of making adhoc/temporary arrangements of their blue eyed persons belonging to the State cadre”.
“Large number of non-cadre officers who have been posted in the cadre posts are not figuring in the select list and even do not belong to the feeding channel but still they are being preferred over and above IFS cadre officers in violation of the rules”, he said, adding “as on date maximum number of cadre posts are being occupied by non-cadre and ineligible officers despite availability of cadre officers”.
The counsel for the petitioner also drew the attention of High Court towards the previous order whereby respondents were directed to produce copy of the order of non-cadre officers who have been posted against cadre posts, adding “the respondents have not opted to put in their appearance and nor they have filed their objections in the main petition despite notice”.
After hearing counsel for the petitioner, Justice Janak Raj Kotwal directed the respondents to submit the compliance report of earlier directions. In the meanwhile, High Court restrained the Government from posting any non-cadre officer against a cadre post in violation of IFS Cadre Rules, 1966 in any arrangement-adhoc, stopgap and incharge.
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