High Court quashes KAS seniority lists
Petitioner Gets Justice After 28 Years
Srinagar, Mar 17: In a significant judgment, the High Court has quashed the seniority lists of Kashmir Administrative Service (KAS) officers, issued vide three government orders since 1998.
In a case titled “Abdul Majid Wani versus state and others”, the Court of Justice Hasnain Massodi has quashed the Government order No. 219-Agri of 1998 dated 15 May 1998 and the government order Nos 707-GAD dated 18.06.1999 and 862-GAD of 2001 dated 1.8.2001 “to the extent they relate to place given to the petitioner in the seniority lists and his date of induction into Kashmir Administrative Service (KAS).”
The High Court has directed the state government to settle the seniority of the petitioner, reckoning his date of placement in the grade of Rs 1000-1560 as on 25th June 1982 and as a follow up thereto determine his date of induction into KAS, having due regard to the date of induction into KAS of his juniors including PN Ganjoo and Khalid Hussain.
The court has also directed the state to extend benefits to the petitioner available in consequence of re-fixation of his seniority and determination of his date of induction into KAS.
The government has been directed to complete the exercise within eight weeks from the date of the judgment, issued on March 11, 2011. Interestingly, the petitioner has got justice after 28 years.
The case dates back to 1982 when the petitioner Abdul Majid Wani was appointed as a Block Development Officer in lower grade, said the petitioner’s counsel, Advocate MY Bhat. Soon after the appointment, the state terminated Wani, citing the appointment had been made in violation of rules.
“Wani moved the High Court which quashed the termination order and said that he has been holding the post of the BDO on substantive basis,” Bhat said.
Meanwhile, Wani filed another petition seeking release of selection grade of Rs 1000-1560. The petition was allowed by Justice Kuchay (then judge of the state High Court), who ruled that the petitioner should be given the selection grade from the date of his initial appointment in 1982.
Thereafter Wani was inducted in KAS cadre in September 1997, but was not conferred seniority on the basis of his basic appointment. “On the basis of that seniority, he was entitled to be inducted in KAS cadre on the date his juniors, PN Ganjoo and Khalid Hussain, were inducted on 1.1.1987,” the petitioner’s counsel said.
Therefore, he said, the Court has directed that he shall be given seniority and consequential benefits from the date his juniors were inducted. “This way he becomes senior to all those KAS officers inducted in September 1997,” said Bhat. “And on the basis of his seniority, he shall be given all the consequential benefits.”
According to legal experts, the judgment is significant in many respects. “Firstly it has quashed the seniority lists of KAS cadre, rendering the state without the seniority list of KAS officers since 1998,” said advocate MY Bhat.
He said since the IAS induction is done on the basis of KAS seniority, the judgment will lead to re-structuring of the state officials into central services.
Pertinently, several KAS officers have been inducted in IAS on the basis of said seniority.
Lastupdate on : Thu, 17 Mar 2011 21:30:00 Makkah time
Lastupdate on : Thu, 17 Mar 2011 18:30:00 GMT
Lastupdate on : Fri, 18 Mar 2011 00:00:00 IST
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