Srinagar, Dec 08: The Home department of Jammu and Kashmir government is processing the fixation of the seniority of Jammu and Kashmir Police Service Officers and DSP and SP ranked promotees for placing the seniority list before the High Court of Jammu and Kashmir which has granted just two weeks for the fixation of seniority list to the government.
The direction of the High Court to the Home Department came last month when the petitioners while agitating their case before the High Court alleged that the inability of the home department in fixing the seniority of Jammu and Kashmir Police Service (JKPS) officers has created unprecedented delay in the process of inducting illegible officers into the Indian Police Service for which 50 slots are presently vacant.
Sources while disclosing this to Kashmir News Service (KNS) revealed that scores of direct recruits of Kashmir Police Service (KPS) are awaiting the finalization of the seniority list as they have already completed 19 years of service but are made to wait for IPS induction.
Sources said that while there has been no induction since 2010, the only reason for this huge administrative inertia lies in the failure of home department in finalization of the seniority list of DSPs since 2010.
It may be mentioned here that Jammu and Kashmir High Court on 22nd November 2012 in one of its judgments had ordered that the seniority of direct recruits vis-à-vis the promotees should be re-examined after hearing the stakeholders and issue settled within three months but even after waiting for seven long years, the home department has failed to come up with the seniority list.
Defending indefensibly, the officials in the home department say that divergent views about service rules, admissibility of leave and deputation quota in various RIT petitions are the main causes of delay but the fact remains that government has failed to agitate the matter before the appropriate forum to seek clarifications as required.
Interestingly the induction of Jammu and Kashmir Police Service Officers into IPS would have been filled long back.
It may be mentioned here that hundreds of DSPs and SPs have retired during last 10 years who could not be confirmed or promoted and have suffered huge in fixation of their pension dues.
The government had constituted a committee headed by ADGP headquarters PHQ which has since submitted its report to the home department and this has been also acknowledged by the government before the division bench of the state high court at Jammu on November 29, 2018, when the LPAs on the subject were heard. The government sought two weeks time for taking a decision which has been granted to it by the high court.
The government at present needs to clear the air with regard to applicability of service rules prior to 2002 in light of its own orders which include SRO 210 of 1994 and government order Number 349 of 1986 besides the landmark judgment of the Supreme Court of India in the case titled “Sheikh Abdul Rashid vs state of J&K and others”.
A top government official on conditions of anonymity told Kashmir News Service (KNS), “We have received the directions from the Jammu and Kashmir High Court and are examining the case of seniority on a fast track basis and probably would be able to produce the seniority list before the High Court on the next date of hearing.”