HC upholds CAT’s verdict quashing revised JKAS officers' seniority list

Srinagar, Apr 12: The High Court of J&K and Ladakh has upheld the Central Administrative Tribunal’s decision whereby it had quashed the draft of the redrawn seniority list of JKAS officers of 1999, 2001 and 2004 batches.

A division bench comprising Justice Rajnesh Oswal and Justice Sanjay Dhar dismissed a batch of pleas challenging the CAT’s judgment, observing that the (petitioners) aggrieved officers had not been able to demonstrate that the private respondents were empanelled for the anticipated vacancies.”

Rejecting the claim of petitioners, the court noted that  the minutes of the meeting (MoM) dated 29-05-2008 clearly established that the private respondents were considered against clear available vacancies of the year 2008 by selection establishment committee.  “Apart from this, it was not open to the Government to alter the seniority list to the detriment of the respondents without hearing them and once the Government accepted the judgement of the CAT , whereby order dated 24-06-2011 was upheld, it could not have altered the seniority list without challenging the judgement by way of appropriate proceedings.”

The petitioners had challenged various steps initiated by the Government since April 1, 2020 for the revision of the seniority list of Jammu & Kashmir Administrative Services officers, particularly in respect of appointments made to the Time Scale of JKAS officers between 1 January 2004 and 1 December 2018.

The CAT had set-side a government order dated February 1, 2000, constituting a committee to review the final seniority list dated June 24, 2011 and the Order dated 5 August 2020, revising the final seniority list dated June 24, 2011.

The CAT also held that Rule 15(4) of 2008 Rules & clause (1) of the proviso thereof are illegal and contrary to law. After hearing counsel for petitioners in separate petitions, the division bench observed, “after the order date 30-03-2021 passed by the Jammu bench of CAT, the official respondents issued a seniority list, whereby the private respondents Dr. G.N.Itto and Tariq Hussain Ganai were placed at S.no. 200 & 202 respectively. Both the private respondents challenged the seniority list dated 07-04-2021 on the grounds that only option open before the official respondents (authorities) was either to file a writ petition against order dated 30-03-2021 passed by the CAT or to file a review application before the Tribunal  and once the seniority list was upheld by the Tribunal, the issuing authority had become functus officio”. Rule 6 of rules 1979 envisages that the government on every occasion on which selection has to be made for appointment to the service, shall set up a Selection Committee for making selection under Rules and further Rule 5 (3) (a) of Rules 1979 provides filling up vacancies of Time Scale posts, occurring in calendar year, the court observed.

“The Tribunal has come to conclusion that the vacancies for the private respondents were available in the year 2008 as is evident from the minutes of meetings of Establishment Committee dated 29.05.2008 and further that the Rules of 1979 do not provide that Selection Committee will meet on a particular date(s), month(s) or year", the court said and dismissed the petitions. "We do not find any legal infirmity in the impugned order passed by the Tribunal, so as to warrant any interference at the end of this court", the court said.