The High Court on Monday dismissed a petition against monetary scheme for selection grade Kashmir Administrative Service (KAS) officers which was notified by J&K government on 25 April this year.
“Having regard to the well settled position of law on the subject, I am of the considered opinion that the challenge thrown to the policy decision of the Government, as notified vide SRO 198 of 2018 dated 25th of April, 2018, herein this petition, is untenable and, as such, liable to be rejected,” a bench of Justice Ali Muhammad Magrey said, while dismissing the petition against the Scheme.
While the court ordered the vacation of interim directions, it made clear that the order passed by it shall have no effect on the claim of the petitioners for their promotion pending before the Court.
In their plea the petitioners had submitted that the scheme was “discriminatory and against Article 14 of the constitution of India.”
In terms of an order dated 24 July, 2018, the Court had stayed the operation of the Scheme, seeking objections from the government.
In its objections the government said, “the sole objective of the Scheme is to only provide monitory benefit to the Officers of the service so as to keep them energized, motivated and to boost their morale for better service delivery”.
“After deliberating on the issue, it took a conscious decision to implement the Scheme which is neither arbitrary nor violative of any right of the petitioners,” the government said.
Subsequently the KAS officers association moved an application before the court seeking permission to intervene in the matter on the ground that they were affected by the order dated 24 July, 2018, passed by the Court. They sought vacation of the stay order.
They pleaded that the petitioners having already retired from service, are not equally circumstanced with those KAS Officers who are presently in service and entitled to the benefit of the Scheme.
The Court after hearing senior advocate Jahangir Iqbal Ganai, with advocate Suhail Rashid Bhat and Sheikh Umar Farooq on behalf of petitioners and Advocate General D C. Raina with government advocate Akhail Ahmad Bardi, additional advocate general M A Chashoo and advocate M A Qayoom on behalf of the respondents dismissed the petition.