Excelsior Correspondent
JAMMU, Feb 13: High Court today dismissed a petition filed by KAS officer Rohit Khajuria challenging the Government order dated September 4, 2013 whereby Farooq Ahmed Shah, Deputy Commissioner Srinagar was placed in the Super Time Scale.
The promotion of Farooq Ahmed Shah to the Super Time Scale of KAS was challenged by Rohit Khajuria on the ground that the respondent was junior to him.
After hearing Senior Advocate Sunil Sethi with Advocate Ravi Abrol and Advocate DK Khajuria appearing for the petitioner whereas Senior AAG Gagan Basotra for the State and Advocate WS Nargal for Farooq Ahmed Shah, Justice Mohd Yaqoob Mir dismissed the petition with costs Rs 20,000 to be deposited in the Advocates Welfare Funds.
“On perusal of the respective pleadings of the parties, it emerges that the petitioner has been appointed on adhoc basis as Assistant Director, Handloom vide Order dated 26.04.1990 subject to clearance by the State Public Service Commission. On technical grounds, substantive appointment was not granted, as a result thereof, he filed writ petition, which was decided and he was found entitled to substantive appointment with effect from 26.04.1990 with a further observation that his seniority has not been properly fixed”, Justice Mir said, adding vide Government Order No. 378-Ind of 1995 dated 27.11.1995, the seniority list was issued, wherein his name did not figure, whereas Farooq Ahmad Shah figured at S. No. 4″.
Aggrieved over this, he filed petition which was disposed of vide judgment dated 09.10.2006 with a direction to Commissioner/Secretary, Industries and Commerce Department to fix his seniority vis-à-vis Farooq Ahmad Shah. Once proper placement is fixed, he shall be entitled to all consequential benefits. Further, it was directed that if the petitioner was found eligible and suitable, respondent may consider recommending him for induction into KAS in accordance with rules.
“In compliance, respondents have considered the case of the petitioner, which culminated into issuance of Government Order No. 200-Ind of 2010 dated 29.10.2010, wherein it has been concluded that Farooq Ahmad Shah has been appointed on 29.10.1987, whose seniority has been reckoned with effect from 29.10.1987 in the Handloom Development Department in terms of Government Order No. 269-Ind of 1993 dated 08.10.1993. The petitioner has been appointed on 26.04.1990, as such, has been placed appropriately in the seniority list. The petitioner has been considered for induction into KAS and stand inducted vide Government Order No. 1265-GAD of 2008 dated 25.09.2008 as such seniority does not merit any modification”, Justice Mir said.
“The petitioner’s claim of being senior is beyond imagination, attempt of the petitioner is found to be uncalled for and inappropriate much to the inconvenience of the respondents”, High Court said while dismissing the petition for being devoid of merit and imposed cost of Rs 20,000 to be deposited in the Advocates’ Welfare fund. With this, the interim directed dated 24.09.2013 shall cease to be in operation.
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