HC’s directives in petition challenging seniority list of KAS officers

Excelsior Correspondent
JAMMU, Nov 8: High Court today issued various directions to the State in bunch of petitions challenging the final seniority list of KAS officers.
The petitioners have challenged Government Order No 743-GAD of 2011 dated June 24, 2011 whereby final seniority of KAS officers was fixed. According to the grievances of petitioners, on April 21, 2010 a tentative seniority list was issued and subsequently objections were filed.
Later, a committee was constituted for considering the objections to make recommendation for issuing final seniority list. The petitioners contended that the committee has wrongly made recommendations which are contrary to the statutory provisions of Rule 15 (4) of Rules of 2008.
“Officials respondents have wrongly interpreted and applied judgment of Supreme Court in case State of Jammu & Kashmir Vs Javed Iqbal Balwan and State of J&K Vs Suraj Parkash”, the petitioner said.
After hearing battery of lawyers appearing for the both sides, Justice Tashi Rabstan observed, “final seniority list is legally valid except for 49 persons, who would be placed below the petitioners and others appointed in the year 2008. Petitioners are also given liberty to file review petition in terms of the proviso to Rule 15(4) of the Rules of 2008 before the Government within one month and the Government shall take a decision thereon within one month thereafter”.
“If they succeed, the Government would make appropriate changes in the final seniority list accordingly”, the High Court said.