Excelsior Correspondent
Srinagar, Oct 17: High Court today continued stay on Government order regarding the installation of Adhaar Enabled Biometric System (AEBAS) in Government departments to ensure the attendance of Government employees in their respective departments and sought response from the Government in this regard within four weeks.
The fresh Government order was passed last month in which procurement of Adhaar card was made mandatory for Government employees for the purpose of Adhaar Based Biometric Attendance through (AEBAS).
The fresh Government order was challenged before the High Court with the plea that the Apex Court of the country has already held that Adhaar is not mandatory and in its first hearing on October 4 the Division Bench of the High Court stayed the order.
“There shall be an interim stay of order in so far insisting for Adhaar Card is concern”, directed the DB while staying the Government order on Adhaar procurement.
It is present to mention here that Supreme Court has made it clear that “Adhaar Card Scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other and the interim orders shall be strictly followed”.
Today during the course of arguments Advocate General of the State submitted before the Division Bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan that Adhaar Enabled Biomentric System (AEBAS) in the Government order has been mentioned so that every Government employee could attend the office regularly and no proxy attendance be registered in Government offices.
However, Division Bench continued the stay on the Government order and asked the AG to submit reply in opposition to the petition in which the order has been challenged.
It has been submitted before the court that order of General Administration Department dated 01.09.2016 is directly in violation and contravention of the various directions issued by Supreme Court declaring that Aadhar is a voluntary scheme and should not be made mandatory or compulsory.
The court has been apprised that Jammu & Kashmir has only 64% Aadhar enrollment, which is amongst the lowest number of Aadhar card holders in the entire country as such impugned Government order is illogical and has been passed without any application of mind.
“Aadhar Scheme infringes the Right of Privacy and the same is subject matter of five Judge Constitutional Bench of the Supreme Court. Such impugned Government order undermines and prejudices the case in hand before the Supreme Court as well”, reads the petition
In the Government order all Administrative Secretaries have been instructed that salary of the employees from the month of September, 2016, who remain on unauthorized absence from duty shall not be released and action under rules be initiated against them. “Salary of all the employees for the month of August be released in view of the ensuing festival of Eid-ul-Zuha”, reads other condition contained in the Government order.
It may be mentioned that High Court in last month quashed the earlier Government order whereby the possession of Adhaar Card was made mandatory for the various purposes including drawing of salary for Government employees.
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