Excelsior Correspondent
JAMMU, Apr 18: Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Bansi Lal Bhat today remanded back the case of final seniority list of KAS officers to the Writ Court to adjudicate upon the case of 49 KAS officers, who were pushed to the bottom of the seniority list by the dint of impugned judgment.
The Writ Court had held legally valid the final seniority list of KAS officers except for 49 persons, who were pushed to the bottom of the seniority list.
After hearing bunch of LPAs challenging judgment of Writ Court and Government Order No.743-GAD of 2011 dated June 24, 2011, the DB observed, “we are inclined to settle all controversies. But one of petitioner’s pleadings have not been completed and equally the issue regarding rights of 49 officers, which are too aggrieved for being pushed to the bottom of the seniority list by dint of impugned judgment, is required to be adjudicated upon as their induction into KAS has been questioned”.
“If the challenge to their induction succeeds then there is no question of determining their seniority but in case challenge to their induction fails, then the question will arise as to whether they could be directed to be pushed to the bottom of the seniority list”, the DB said.
The DB further said, “in the judgment impugned such serious questions have remained to be addressed because of the fact that the issue vis-à-vis challenge to their induction though specifically pleaded and prayed for in one of the petition, has not been looked into the Writ Court”, adding “the Writ Court has repeatedly observed that there is no specific challenge to their induction”.
“The judgment impugned is not sustainable as such is set-aside”, the DB, adding “all the petitions are remanded back to Writ Court for fresh adjudication and respective pleadings shall be completed within four weeks”.
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