Government Order No 61- GAD of 2015 Dated:

Transcription

1 Fax No (Sgr.) [Jmu) Government of Jammu and Kashmir General Administration Department (Services) Civil Secretariat, lammu Subject: Grant of retiral benefits to Mr. Abdul Rouf Rathore, retired Deputy Commissioner, Sales Tax (Vigilance and Inspection), Kashmir, as member of Jammu and Kashmir Administrative Service. Government Order No 61- GAD of 2015 Dated: Whereas, Mr. Abdul Rouf Rathore, alongwith others, was appointed as Excise and Taxation Officer in the Excise and Sales Tax Department vide Government Order No. 347-F of 1969 dated ;and Whereas, Mr. Mohammad Bhat, Mr. Mohammad Amin Bhat and Mr. Mohammad Yousuf figuring at S.No. 1,2, and 7 respectively, of the Government Order No. 347 of 1969 dated , vide which Mr. Abdul Rauf Rathore was appointed and shown at S. No. 5, were given the benefit of adhoc services rendered by them earlier and shown in the seniority list, as it stood on , above Mr. Abdul Rauf Rathore;and Whereas, in view of the seniority position of Mr. Abdul Rauf Rathore in the seniority list, as it stood on 1980, the grade of Rs (revised to Rs ), couldnot be released to him as was released to Mr. Mohammad Yousuf, with whom Mr. Abdul Rauf Rathore is seeking parity, vide Government Order No GD of 1981 and 155-F of 1983 dated respectively; and Whereas, because of this, Mr. Abdul Rouf Rathore could not hold the post in his service equivalent to the Time Scale of KAS, which after issuance of Government Order No 1285-GD of 1983 dated 1" , to improve the quality of administration and to introduce

2 efficiency and mobility in the administrative service, were included in the KAS cadre and incumbents whereof were recommended to be inducted into the KAS, by deeming to be initial constituents; and Whereas, the crucial upper cut of date for being declared as initial recruit to the Jammu and Kashmir Administrative Service, in terms of the lammu and Kashmir Administrative Service Rules, 1979, as amended. vide SRO-570 dated , read with explanation substituted vide SRO-273 dated , was ;and Whereas, those officers who were holding or but for thew foreign posting would have held the posts in the grade of Rs on or after but not later than were eligible to be declared as members of the service and for being placed inter-se in the order of their appointment in this grade;and Whereas, in case of Mr. Abdul Rouf Rathore, he was found guilty of the commission of irregularities during his tenure as Sales Tax Officer, Anantnag Circle, and pending enquiv placed under suspension, vide Government Order No. 182-GR/F of 1986 dated , while he was posted as ETO, Hotel Tariff 11, Srinagar;and Whereas, in the departmental enquiry initiated against Mr. Abdul Rauf Rathore in terms of Rule 33 of CCA Rules, the charges were established against him as a sequel of which following penalties were imposed on Mr. Abdul Rauf Rathore vide Government Order IVo. 212-F of 1989 dated : (i) withholding of increments falling due in his favour for next five years. (ii) not to consider him for any promotion for the next five years. (iii) to treat the period of suspension as leave whatever kind due. Whereas, Mr. Abdul Rouf Rathore was reinstated subsequently vide Government Order No. 212-F of 1989 dated He remained under suspension as ETO during the period w.e.f to and then attached in the office of the

3 , when vide Government Order NO. 235-F of 1995 dated , he was posted as Deputy Commissioner, Sales Tax (Vigilance and Inspection), Kashmir, in his own pay and grade. Whereas, being under suspension and not holding the post in the specified grade, Mr. Abdul Rauf Rathore did not figure, in the the list of all such officers, who were declared as initial constituent of the Jammu and Kashmir Administrative Service, as notified vide Government Order No, 895-GAD of 1991 dated read with orders issued from time to time; and Whereas, the final seniority list of the initial recruits was notified vide Government Order No GAD of 1993 dated ; and Whereas, aggrieved of the inter-se fixation of the seniority, some erstwhile members of the Excise and Taxation Gazetted Service challenged the seniority assigned to them in a writ petition bearing SWP NO. 391 of 1982, SWP No. 37 of 1982 and SWP No. 353 of 1992, claiming seniority over S/Sh. G.M Bhat, M.A. Dev, Mohammad Yousuf and others;and Whereas, Mr. Abdul Rouf Rathore also challenged the fixation of the seniority in the J&K Excise and Taxation Gazetted Service Cadre in a writ petition bearing No. SWP No of 1993; and Whereas, pursuant to various Court orders in the writ petitions as stated above, the Finance Department re-fixed the seniority in the category of ETOs vide Government Order No. 176-F of 1993 dated ; and Whereas, based on the revised seniority list in the Excise and Taxation Cadre, Mr. J.S. Modi and Mr. Mohammad Yousuf Mir, shown as juniors in the initial appointment order of Mr. Abdul Rouf Rathore and assinged the seniority, as such, were deemed to have been promoted in the pay scale of (Revised to ), the post carrying this pay scale encadred as Time Scale post of KAS, w.e.f ;and Whereas, but for his suspension for the period w.e.f 1986

4 Abdul Rouf Rathore, could ordinarily have been granted the grade of w.e.f. the same date i.e , as was the case in respect of his now declared juniors Mr. 3.S.Modi and Mr. Mohammad Yousuf Mir; and Whereas, that not being the case, the only benefit which Mr. Abdul Rouf Rathore could get because of such re-fixation i.e release of grade of Rs (revised to Rs ), which was given to his junior vide Government Order No GD of 1981 dated , was allowed to him by the Finance Department by way of releasing the grade of Rs w.e.f , on notional basis. Even Selection Grade (non-functional) of Rs revised to Rs w.e.f has also been released in his favour vide Government Order No. 319-F of 1998 dated ;and Whereas, Mr. Abdul Rouf Rathore who became eligible for being considered for induction into KAS on or after i.e 05 years after the issuance of Government Order No 212-F of 1989 dated , vide which it was ordered among other things, that he shall not be considered for any promotion for the next 5 years, was also assessed for induction into KAS made in the year 1997 (no induction into KAS took place during 1994 till ) but consideration in his case was deferred for want of various details which were not available at that time;and Whereas, the case of Mr. Abdul Rouf Rathore was reviewed and based on the following recommendation of the Selection Committee, made by it on , he was appointed to the Time Scale of KAS, vide Government Order No. 989-GAD 1999 dated "The Selection CommiLtee considered the report furnished by the Finance Department relating to award of punishment and subsequent re-installment of Shri A. R. Rathore. The Committee observed that the period of five years having been expired on and the oflcer having been promoted to the Selection Grade (Non-functional) in the Jammu and Kashmir Excise and Taxation (G) Service needs to be considered for induciion in KAS on the basis of his

5 Rathore, member of the Jammu and Kashmir Excise and Taxation (G) Service, by reference to his service records, the Committee classified him as "Very Good and recommended his induction into the service from the date other members of the J&K Excise & Taxation (G) Service have been inducted into the service': Whereas, the Government Order No. 989-GAD 1999 dated , vide which Mr. Abdul Rouf Rathore was appointed to the Time Scale of KAS, was issued in continuation of Government Order no 1532-GAD of 1997 dated ; and Whereas, Mr. Abdul Rouf Rathore having retired on , the Department of Law, Justice and Parliamentary Affairs which was consulted by the Finance Department, in the past, vide its U.O. No. A/50(2050)-110 dated , opined the following with regard to the effective date of induction of Mr. Abdul Rouf Rathore- 'X retired oficer should get the benefits of induction into K4S atleast for pension when the Government has admitted his claim and granted him promotion after induction into K45 Some way is required to be found to compensate him monetarily during his retired life. General Administration Department may look into this aspect of the case and m om the Government Order No. 989-GAD of 1999 suitably as the said Government Order is administratively and technically not correct (a retired oficer has been inducted and appointed to the Tiine Scale, i.e, Rs. 10, of ms)" Whereas, Hon'ble High Court in Writ Petition bearing SWP No 1019/11 dated titled Abdul Rouf Rathore versus State & Others, passed direction vide Order dated , operative part whereof reads as under: "Wewed thus, the claim set up by the petitioner has not been dealt with till date. The writ petition in the said back ground is disposed of with the direction to the respondents to take an objective deckion and render a reasoned order as regards the claim set up by the petifion, in light of the stand projected and having

6 regard to rules governing the matter within six weeks fiorn the date copy of the order is service on respondents". Whereas, the claim of Mr. Abdul Rauf Rathore either for release of grade of Rs on substantive basis, or deemed induction into KAS as initial constituent with effect from i.e the date from which Mr. Mohd Yousif Mir was given this benefit of deemed declaration as member of KAS, has been examined in the department. It is felt that notwithstanding issuance of Government Order No. 176-F of 1993 dated , issued in pursuance of the Court Orders passed in writ petition bearing no titled A.R. Rathore Vs state and others, to the effect of re-fixation of his seniority and placement over and above Mr. J.S. Modi and Mr. Mohammad Yousuf, Mr. Abdul Rauf Rathore cannot claim benefit of SRO-570 dated , read with explanation substituted vide SRO-273 dated , as the fact of his not having held the post in the pay scale of Rs on the crucial cut of date would not change. The only benefit which he could get because of such refixation would be the benefit of the release of grade of Rs (revised to Rs ), which was given to his juniors vide Government Order No GD of 1981 dated , which the Finance Department released in favour of Mr. Abdul Rouf Rathore with effect from , on notional basis, and rightly so because as and when such sort of situation arises, grades are released not on substantive basis but on notional basis with reference to the juniors to whom such benefit has been given; and Whereas, in so far as the effective date of induction of Mr. Abdul Rouf Rathore in KAS is concerned, it has been decided that the Government Order No 989-GAD of 1999 dated , vide which Mr Abdul Rouf Rathore has been appointed to the Time scale of KAS, be amplified to clearly depict the date of induction of Mr. Abdul Rouf Rathore into KAS as enabling him to receive his pensionery benefits as a member of the KAS. Now, therefore, in compliance with the directions dated of the Hon'ble High Court, recommendations dated of the Establishment-cum Selection Committee, opinion of the Department of Law Justice and Parlimentary Affairs and after due

7 i) there is no merit in the claim of Mr. Abdul Rauf Rathore either for release of grade of Rs on substantive basis, or deemed induction in KAS as initial constitutent w.e.f , i.e. the date from which Mr. Mohammad Yousuf Mir was given this benefit of deemed declaration as members of KAS. ii) Mr. Abdul Rouf Rathore shall be deemed to have been inducted into KAS in the Tme Scale of KAS [Rs (Pre-revised)] w.e.f which shall be in amplification of the Government Order No. 989-GAD of 1999 dated Based on his induction into Time Scale of KAS w.e.f , he would figure at S.No. 1 above Mr. R.M Sharma in the seniority list of the KAS officers issued vide GO No. 90-GAD of 1999 dated He would, however, not be entitled for placement in the Selection Grade of KAS, which stands released in favour of Mr. R.M Sharma w.e.f , by which date Mr. Abdul Rauf Rathore had already retired on By order of the Government of Jammu & Kashmir, No. GAD/Legal/F-211/06 Dated: Oq Copv t0:- 1. Principal Secretary to the Government, Finance Department s 2. Accountant General, J&K. 3. Secretary to the Government, Department of Law, Justice and Parlimentary Affairs. 4. Principal Private Secretary to Chief Secretary 5. P.A to Commissioner/Secretary to the Government, General Administration Department. 6. Mr. Abdul Rauf Rathore. 7. Government Order file/stock file 8. Incharge Website, GAD!