STATE OF J&K Vs. AJAY KUMAR RAJU

JUDGEMENT

(1.) Being aggrieved against the order passed by the learned Single Judge dated 29.07.2010, allowing the writ petition, the State has filed the present intra-court appeal.

(2.) The writ petition was filed challenging the communication dated 12.07.2001, vide which induction of the writ petitioners into Kashmir Administrative Service (for short 'KAS') was withdrawn. It was for the reason that when the order dated 23.09.1997 was passed inducting them in KAS, the writ petitioners already stood retired from service. None had represented the State at the time of the hearing of the writ petition. The learned Single Judge allowed the writ petition holding that promotion of the writ petitioners was against the vacancies which were available on 01.01.1996 i.e., before their retirement, hence, they were rightly given promotion though after their retirement. The order has been impugned by filing the present appeal.

(3.) Learned counsel for the State submitted that on account of grave error committed by the persons concerned at that time, vide order dated 23.09.1997, the writ petitioners were inducted in KAS. The order did not provide that the same was effective from any back date. The date on which the aforesaid order was passed, writ petitioners stood retired from service on 31.01.1996, 31.07.1996 and 31.03.1996, respectively. When the matter came to the notice of the authorities notices were issued to 34 persons, who had wrongly been granted the benefit. After affording opportunity of hearing to them, vide order dated 09.10.2001, it was directed that the writ petitioner shall not be treated as inducted in KAS and their names shall be deemed to have been deleted from the list. It is only three writ petitioners who challenged the aforesaid order otherwise it pertained to 32 officers. All other accepted the same knowing well that they had been granted the benefit wrongly.