Excelsior Correspondent
Srinagar, Feb 14: The Central Administrative Tribunal (CAT) enforced a charge on Sher-e-Kashmir University of Agricultural Science and Technology (SKUAST) staff members for needlessly stopping the procedure of filling of Director and Joint Directors posts and directed the University to go on with the filling of posts in concern on routine basis.
“In view of the above, since the applicants have misrepresented before this Tribunal, did not disclose all the material facts which were relevant in the matter, concealed the essential facts, the OA deserves to be dismissed with a cost of Rs10,000 to be deposited with the State Legal Services Authority within 2 weeks from today”, Division Bench of D S Mahra and Shri Krishna concluded.
The Tribunal likewise made it clear that the SKUAST is at liberty to fill the posts of Joint Directors and Director on routine substantive basis based on guidelines. “With this, the present OA stands dismissed. Interim order, if any, stands vacated”, check out the judgment.
The OA was submitted by the staff members of the SKUAST for reserving the provisionary degree certificate of Masters of Fisheries Science SKUAST with an instructions to the main participants not to think about and provide advantage to it for promo to other worker for the posts of Joint Director and Director.
The university counsel apprised the Tribunal that the prospect versus whom today matter has actually been submitted is the senior most officer in the department who was selected in 1988. He has actually now finished the Post Graduate Program in Fisheries Science on an interim order gone by High Court on various dates.
He sent that the said prospect was approved research study leave by the University for the said function. Therefore, at this belated phase it will not be validated to dispose of the certificate released by the University in his favour.
“We have heard the learned counsels for all the parties appearing in the case and perused the record available on file. It is an admitted fact that the aggrieved candidates in the present case are already holding the post Graduate degree in Zoology which is also equal and parallel qualification for the post which they are holding and for further promotion in the department. In the first round of litigation the respondent had also questioned the sanction granted by the official respondents in favour of the eligible candidate in the year 2016 by way of a writ petition before High Court which was finally dismissed”, CAT said.
The qualified prospect court included, has actually already finished the said course and a provisionary degree has actually been already released in his favour in March, 2022 though the said course has actually been finished by him on the interim order gone by the High Court and the said interim order was complied by the participants by allowing him in the Institute and permitting him to finish the said Post Graduate program.
“Since the said Post Graduate Program in Fisheries has been completed by respondent No.4 in pursuance of the interim orders passed by the High Court, now at this belated stage the applicants in the present OA are not competent to challenge the said certificate. The applicants have no locus standi to impugn the said provisional degree of the respondent No.4 since it has no adverse effect on the applicants. Sine both the applicants are already holding Masters Degree which is essential for the post they are holding, the rights of the applicants are not violated”, CAT said.
