J&K HC upholds CAT verdict quashing draft seniority list of KAS officers
Earlier, a bench of CAT comprising its chairperson justice L Narasimha Reddy and administrative member Jamsheed Akhter had quashed the draft redrawn the seniority list of senior KAS members
The Jammu and Kashmir and Ladakh high court has upheld a central Administrative Tribunal (CAT) verdict quashing the draft redrawn seniority list of Kashmir administrative service (KAS) officers belonging to the 1999, 2001 and 2004 batches.
The bench was hearing a bunch of petitions challenging the CAT decision.
Dismissing the petitions, the high court said there was no merit to the case.
“The petitioners have not been able to demonstrate that the private respondents were empanelled for the anticipated vacancies,” a division bench of justices Rajnesh Oswal and Sanjay Dhar said in the judgment in a case titled, Dr Ghulam Nabi Itoo versus UT of J&K and others.
“... the minutes of the meeting dated 29-05-2008 clearly establish that the private respondents were considered against clear available vacancies of the year 2008 by the 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... it could not have altered the seniority list without challenging the (CAT) judgement by way of appropriate proceedings,” the bench said.
Earlier, a bench of CAT comprising its chairperson justice L Narasimha Reddy and administrative member Jamsheed Akhter had quashed the draft redrawn the seniority list of senior KAS members .
The applicant had challenged the steps initiated by the government since April 4, 2020, for the revision of the seniority list of Jammu & Kashmir Administrative Services officers, particularly in respect to appointments made to the time scale of KAS between 2004 and 2018.
