HC pulls up CAPD, quashes promotion of 176 officials

HC pulls up CAPD, quashes promotion of 176 officials

Srinagar: Jammu and Kashmir High Court has pulled up Consumer Affairs and Public Distribution Department (CAPD) for disregarding  seniority norms in the department.
Quashing promotion order of 176 Tehsil Supply Officers passed by Director CAPD in 2011, a bench of Justice Ali Mohammad Magrey directed the department to consider employees from Kashmir Division, including Leh and Kargil districts, for promotion within two months.
“The respondents (CAPD Department) have thrown all the norms governing maintenance of seniority and accord of consideration for promotion to wind,” the bench said, adding, “employees of the Department working in the districts of Leh and Kargil are sought to be deprived of their rights guaranteed under constitution and that too on flimsy grounds.”
Allowing a plea filed by 65 aggrieved petitioners, the court quashed orders— 43-DCA and PDK, 44-DCA and PDK, 45-DCA and PDK, 46-DCA and PDK of 2011— issued by the CAPD director on March 31, 2011.
“I am convinced that the impugned orders have been issued ignoring the claims of the petitioners and, therefore, are quashed. The respondents are directed to accord a fresh consideration to the employees of the department belonging to the Kashmir Division which would include the districts of Leh and Kargil for the promotion to the post of TSOs/Inspectors on the basis of their seniority under rules,” the court said, asking the Director CAPD to do the needful within two months.
“In case of any impediments found by the (CAPD director) in promoting them, then the posts shall be made available to the respective Deputy Commissioners for further action.”
The petitioners through their counsel advocate S R Hussian had claimed that the two districts were excluded and ignored for being integrated into the seniority list.