Excelsior Correspondent
JAMMU, June 5: State High Court has directed Department of Personnel and Training of Government of India to issue appropriate orders of appointment/induction of Dev Lata into IAS against the slot of the State for the year 2010 within two weeks.
The case before the High Court was that pursuant to the combined competitive examination conducted by the Jammu & Kashmir Public Service Commission, the petitioner came to be appointed directly in the gazetted cadre of the State Services and joined her services as such in the year 1984.
The petitioner on the basis of seniority and other eligibility conditions as laid down in the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 became entitled to be considered for appointment by promotion to the Indian Administrative Service against the slots allocated to the State of Jammu & Kashmir for the year 2010.
Her grievance is that had the respondents made selection against all the eight posts allocated to the State of Jammu & Kashmir for the year 2010, the petitioner, who was at Serial No.6 of the eligibility list, could have been recommended and appointed to the Indian Administrative Service.
After hearing counsel for the petitioner, Justice Sanjeev Kumar observed, “it is shocking to note that the respondent No.4 could not understand Regulation 7(4) of the Regulations in correct perspective. It is not in dispute that first the select list is prepared and thereafter it is approved. The period of validity of select list, I am reiterating, as per Regulation 7(4) as also third proviso appended thereto is to remain in force till 31st December of the year in which the meeting of the select committee is held to prepare the list or up to sixty days from the date such list is approved by the Commission, whichever is later”.
“In the instant case, the meeting of the selection committee to prepare the select list was held on 13.03.2013 and the approval to the select list was granted on 22.05.2013. Accordingly, in terms of Regulation 7(4), the select list was to remain in force till 31st December, 2013 and not upto 21.07.2013 i.e. upto sixty days from the date of approval”, Justice Sanjeev said, adding “the court has failed to understand how respondent No.4 could commit such a glaring mistake and take stand which is ex-facie de hors the Regulations”.
After hearing Senior Advocate MK Bhardwaj with Advocate Vasu Dubey for the petitioner whereas ASGI Sindu Sharma for the UOI whereas Advocate LK Moza for the State, High Court directed DoPT to convene a special meeting of the select committee for considering and recommending the name of the petitioner for her appointment by promotion to IAS against the slot of the year 2010.
“It could be either against the vacancy which had been wrongly reserved for consideration of induction of Farooq Ahmed Renzu or against the vacancy which had earlier been reserved for consideration of induction of Ajay Khajuria. On the basis of deliberation of the selection committee, Union Public Service Commission shall make appropriate recommendations in favour of the petitioner to respondent No.4 within two weeks thereafter. Based on the recommendations of the selection committee/UPSC, the respondent No.4 shall issue appropriate orders of appointment/induction of the petitioner into IAS against the slot of the State for the year 2010 within two weeks thereafter”.
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