DB sets aside Writ Court judgment, remanded for fresh adjudication

In bunch of LPAs challenging judgment of Writ Court regarding the final seniority list of officers of KAS, Division Bench of state High Court today set aside the writ court judgment and directed the petitioners to remand back with fresh adjudication.

According to case, the petitioners challenged Govt order No 743-GAD of 2011 dated June 24, 2011, final list of the officers of KAS, which  was issued in which writ Court observed that final seniority list is legally valid except for 49 persons, who would be placed below the petitioners and others appointed in the year 2008.

Petitioners are also given liberty to file review petition in terms of the proviso to Rule 15(4) of the Rules of 2008 before the Government within one month and the Government shall take a decision thereon within one month thereafter. If they succeed, the Government would make appropriate changes in the final seniority list accordingly.

DB observed that if the challenge to their induction succeeds, then there is no question of determining their seniority but in case challenge to their induction fails, then the question will arise so to whether they could be directed to be pushed to the bottom of the seniority list.

It further said that in the judgment impugned such serious questions have remained to be addressed because of the fact that that the issue vis-à-vis challenge to their induction though specifically pleaded and prayed for in one of the petition, has not been looked into the Writ Court whereas Writ Court has repeatedly observed that there is no specific challenge to their induction.

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