HC stays GAD communication

Excelsior Correspondent
JAMMU, Oct 19: State High Court has stayed the communication dated October 5, 2012 made by Deputy Secretary, GAD whereby Principal Secretary, Finance Department was requested to furnish details in respect of officers appointed to Excise & Taxation (Gazetted) Service between January 1, 2003 to April 2, 2008, either by direct recruitment or by promotion/selection on the recommendations of DPC/PSC, so that their cases could be placed before the Establishment-cum-Selection Committee for considering their appointment to Time Scale of KAS.
While challenging the communication, the petitioners submitted before the High Court that they have already filed the writ petition seeking the relief. “The petition came-up on January 1, 2010 for consideration when notice was issued and it was directed that in case the respondents were contemplating to promote and issue seniority list, they shall have to adhere to the rules/law and such promotion/seniority shall be subject to the outcome of the CMP”, the petitioners submitted.
After hearing Senior Advocate Sunil Sethi and Advocate Pranav Kohli for petitioners/applicants whereas Senior AAG Gagan Basotra for the State, Advocate F A Natnoo for the PSC and Advocate S K Shukla for the respondents, Justice Mansoor Ahmed Mir observed, “vide order dated January 1, 2010 this Court has already passed the interim direction. In the given circumstances, there is no need to issue fresh direction”, adding “however, if any process has been initiated by the official respondents the same shall remain stayed subject to the outcome of instant CMA”.
With these observations, the Court directed the respondents to file objections by or before October 29, 2012.