Biometric attendance in Govt offices is not linked to Aadhaar: HC
The Jammu and Kashmir High Court on Monday held that biometric attendance in government offices in the state is not linked to Aadhaar.
"It is clarified that there is no stay with regard to biometric attendance system which can be installed in government offices but it should not be linked with Adhaar card," a division bench of Chief Justice Badar Durrez Ahmed and Justice Ali Muhammad Magrey said.
This, the bench said, after Advocate Syed Musaib pleaded that Aadhaar cannot be made mandatory in accordance with the Supreme Court directions. Musaib has approached the court through a Public Interest Litigation.
In October, 2016, the High Court had stayed state government's order that had made it mandatory for its employees to procure Aadhaar cards for Aadhaar based biometric attendance in government offices.
The state government vide an order (GAD (175/2006-Part file) dated September 1,2016 had made procurement of Aadhaar card mandatory for its employees for Aadhaar Based Biometric Attendance in offices.
The petitioner had, however, challenged the order with the contention that the government was in clear contravention of the constitutional bench order of the Supreme Court in Justice K.S Puttaswamy (Retd) & Anr versus Union of India case as well in violation of a three Judge Bench order of the apex court.
It is also violative of Article 14 of constitution of India as applicable to State of J&K," the petitioner pleads.
While in February 2016 , J&K government by an Order (35-F of 2016) had made Aadhaar mandatory for Government Employees, pensioners and other such people, the High Court on August 3, 2016 quashed the Order.
The Court had made it clear that it was beyond doubt that the government order issued could not sustain as it was in violation of the interim orders passed by the Supreme Court.