Grave injustice meted out to nearly 100 KAS officers

*Cabinet decision on Selection Grade comes under criticism
Mohinder Verma
JAMMU, Apr 21: The Cabinet decision regarding release of Selection Grade of KAS in favor of members of the Jammu and Kashmir Administrative Service has come under sharp criticism as Supreme Court as well as State High Court orders have been flouted with the sole objective of showering undue benefit upon some favorites.
Instead of providing justice to the already aggrieved KAS officers, whose number is around 100, the Government has rubbed salt on their wounds as they have been placed below the juniors so that favorites can have better prospects at the time of consideration for the appointment against the HoD level posts.
The Supreme Court in its order dated November 3, 2014 passed in Special Leave Petition (SLP) No.25006 of 2014 and SLP (C) No.26637 of 2014 both arising from Civil Miscellaneous Application (CMA) No.138/2014 in LPASW No.20/2014, had permitted the State Government to release Selection Grade to all the officers of the 1999 Batch across the board.
The Government Order No.570-GAD of 2015 dated April 19, 2015, which is based on the Cabinet approval and whereby Selection Grade has been released in favor of the members of the Jammu and Kashmir Administrative Service, also gives reference to the order of the Apex Court.
Though justice has been provided to all the KAS officers of 1999 batch but the already aggrieved officers have once again been meted injustice as several officers, who always remain dearer to those at the helm of affairs in the General Administration Department, have been placed above the seniors.
From Serial No.1 to 20, there are several officers, who are of 2000 and 2001 batches but have been placed above those KAS officers, who belong to 1999 batch. Some of these officers are Hashmat Ali Khan, Nazim Zai Khan, Bashir Ahmad Dar and Shakeel-ur-Rehman. These officers were actually placed against the Selection Grade posts on officiating basis in the year 2011, which was also an issue before the Supreme Court as well as High Court of Jammu and Kashmir.
“By keeping these officers above those of 1999 batch in the list of release of Selection Grade, the Government has paved the way for their consideration for the HoD level posts prior to the officers of 1999 batch”, official sources said.
Moreover, 49 KAS officers, who had been ordered to be pushed to the bottom of the impugned seniority list by the Single Bench of the State High Court, have also been placed above the already aggrieved officers.
Several other officers have been placed in the Selection Grade of KAS on the ground that they were not included in the seniority list of 2008 because of their induction on or after January 1, 2004 and not arrayed as party respondents in the writ petition titled Tanveer Iqbal and Others Versus State and Others.
“But the fact is that they are appellants in another LPA before the High Court”, sources said, adding “this aspect was intentionally ignored in order to confer them the benefit of Selection Grade”.
Some of these officers are Javed Ahmed Shah, Arif Hameed Khan, Itrat Hussain Rafiqi, Mir Altaf Ahmed and Mohammad Yasin Sheikh etc.
Stating that around 100 KAS officers are aggrieved over the recent Cabinet decision, sources said, “these lacunas have also put a question mark on the Establishment-cum-Selection Committee as proposals relating to KAS officers’ promotion are cleared by this committee”.
Meanwhile, a deputation of aggrieved KAS officers called on Minister for Law, Justice and Parliamentary Affairs, Syed Basharat Bukhari apprising him of injustice meted out to them.
“Mr Bukhari has assured to look into the issue and initiate corrective steps”, sources informed.