High Court reserves judgment
DENIAL OF PROMOTION TO KAS OFFICER
GK LEGAL CORRESPONDENT
Srinagar, Mar 20: Jammu and Kashmir High Court has reserved judgment on a petition seeking promotion of an official who was not promoted for 21 years.
The Court reserved the judgment in case of Ghulam Hassan Kinah, a retired Deputy Labour Commissioner.
Counsel for the petitioner, Bashir Ahmad Bashir argued that the petitioner was appointed as ALC in 1972 and remained on the same post and position for 21 years “without any promotion contrary to his counterparts in other services who were promoted to very high positions.”
The petitioner was given charge of Deputy Labour Commissioner in March 1993 and he retired on the post in May 1996 without getting grade of the post, the counsel pleaded.
He argued that in September 1997, a number of officials belonging to different feeding services were inducted into KAS and some of them who retired like petitioner, were given the grades of higher posts.
The petitioner approached the HC in 2002 for getting the grade and benefit of induction.
The counsel informed the Court that the respondents in reply to the petition stated that the induction order of 1997 was withdrawn in October 2001.
The respondents also stated that the retired officials at the time of induction must be in service with probation for some time. He said a retired official can’t do so.
Petitioner’s counsel submitted that the Government had no power under Rule 57 of CCA Rules to review the order of 1997 after four years when time limitation was only 90 days for any review.
“The stand taken by the government was also misleading as in 2004 government has not only inducted many retired officials but an official who was already dead” the counsel argued.
Lastupdate on : Tue, 20 Mar 2012 21:30:00 Makkah time
Lastupdate on : Tue, 20 Mar 2012 18:30:00 GMT
Lastupdate on : Wed, 21 Mar 2012 00:00:00 IST
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