New Delhi/Dehra Dun: Promotion of Subhash
Kumar as Uttarkhand Chief Secretary, along with two other top
bureaucrats of state cadre, has been quashed by the Central
Adminisrative Tribunal and the state government has been
directed to make fresh selections within two months.
The principle bench of CAT at New Delhi quashed the
promotions of top officials in the Chief Secretary scale on
the ground that the state government promoted them in this
rank against only one vacancy.
"The state cadre has to seek prior approval of the
Central government on the number of available vacancies in
each grade. The rule is absolutely unambiguous. The State
Government cannot make any permanent addition to the cadre
strength," the principle bench of CAT headed by Justice VK
Bali held.
"On the basis of the above consideration, challenged
orders for appointment and all the consequential promotions
made by the state government are quashed and set aside,
including that of the applicant," the bench said.
He directed the state government to make fresh
selections within two months. The bench said till fresh
appointments are made the present arrangement will continue.
The administrative tribunal was hearing a petition
filed by Ajay Kumar Joshi, Director General, Uttarakhand
Administrative Academy, Nainital.
Joshi contended that "in a fair selection, he (Joshi)
would have been the only person to be promoted, because there
was only one vacancy in the grade of Chief Secretary as on
September 3, 2008. The state government had created two
ex-cadre posts in violation of the rules.”
Uttarakhand has only two posts in the scale of Chief
Secretary of which one only one was vacant at the relavent
time. When the state government promoted the three officials --
Subhash Kumar, Joshi and S K Mattoo, all IAS of 1977 batch --
to the scale of Chief Secretary in May 2010, N S Napalchyal
was already holding the post of Chief Secretary at the time of
the promotions.
When Napalchyal retired in September last year, the
government appointed Kumar as the new Chief Secretary of the
state. While Joshi was made Director General of Administrative
Training Institute at Nainital, S K Mattoo was appointed as
Chief Resident Commissioner of the state.
Joshi challenged this decision and contended that "even if the consideration was for two vacancies, as approved
by the Central government, Subhash Kumar, who was appointed
Chief Secretary, would not have been selected and he (Joshi)
and Sunil Kumar Muttoo (currently the Additional Chief
Secretary & Social Welfare Commissioner, Uttarakhand) would
have made it to the apex grade."
When contacted, Kumar said the judgement is being
examined and it will be challenged in the High Court.
Kumar said recently an IPS of Uttarakhand had moved
the CAT at New Delhi and he was told to file the writ before
Allahabad bench of the tribunal on the ground that Uttarakhand
does not come under its jurisdiction.
"Now the CAT at New Delhi has passed an order in the
case. How a court can adopt different approach in similar
cases. We will challenge this in High Court," Kumar said.
PTI
