Jammu, April 01: A Bench of Central Administrative Tribunal comprising Justice L. Narasimha Reddy, Chairman and Administrative Member Jamshed Akhtar quashed the draft redrawn of seniority list of Senior Jammu & Kashmir Administrative officers.
CAT after hearing both sides observed that Jammu and Kashmir Administrative Service was constituted in the year 1965. It comprises, of the officers of different stages beginning from Junior Scale and ending with Super Time Scale & the method of recruitment to service and other issues were provided under the 1965 Rules. They were replaced by the Jammu and Kashmir Administrative Service Rules 1979, published on 10.10.1979. According to these rules, the service comprises of Super Time Scale; Special Scale; Selection Grade; Time Scale; and Junior scale.
The appointment to Time Scale is by way of promotion. Rule 5 (3) provides for filling up of the 65% of the vacancies of the Time Scale posts occurring in a calendar year, by promotion from departmental feeder services, which are about 16 in number. 10% of the vacancies are to be filled by promotion of officers of outstanding ability and merit, serving in connection with the affairs of the State, but not falling in the feeding services.
The remaining 25% of the vacancies occurring in a calendar year are to be filled by promotion of the Junior Scale KAS Officers. Officers of feeding services are made eligible to be considered after completion of four years of service and subject to their vigilance clearance being available.
CAT further observed that it is no doubt true that the rules mandate that the exercise of promotion to time scale of KAS is to be undertaken in every calendar year. However, for one reason or the other, the promotions did not take place from the feeder categories, during the years 2004 to 2007. CAT further said that the tentative seniority notified vide Government Order No. 485-GAD of 2010 dated 21.04.2010 has been drawn in terms of the provisions of KAS Rules, 2008 which is incorrect.
The seniority of an officer appointed under the KAS Rules, 1979 has to be determined in terms of the provisions of Rule 16 of these rules and not under Rule 18 of the KAS Rules, 2008; Junior Scale KAS officers cannot be given appointment in KAS from a date prior to the date when they had not eligibility for such appointment in terms of the provisions of KAS rules as were in vogue at the relevant point of time. Modification of the provisions of KAS rules by inserting an explanation through a Government order to facilitate the promotion of Junior Scale KAS officers of 2004 batch, cannot have an overriding effect on the basic rule.
With these observations, CAT dismissed the petitions challenging the final seniority list dated June 24, 2011 and set-aside the order dated order dated 01.02.2000, constituting a committee to review the final seniority list dated 24.06.2011; and the Government order dated 05.08.2020, revising the final seniority list dated 24.06.2011 and holds that Rule 15 (4) of 2008 Rules and Clause (1) of the proviso thereof, are illegal and contrary to law.
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