DB asks UOI to explain how Sr IAS officer, whose allocation to J&K cadre stands struck down, still continues to serve in UT

STATE TIMES NEWS

JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court, comprising Justice Sanjeev Kumar and Justice Puneet Gupta, directed Union of India (UoI) to file an affidavit on behalf of the Ministry of Personnel, Public Grievances & Pensions to indicate as to how they have complied with the judgment of the Tribunal dated September 13, 2007, impugned in this petition and shall also explain as to how the Senior IAS Dheeraj Gupta, whose allocation to the J&K cadre stands struck down, is still continuing to serve in the Union Territory of J&K.
Affidavit shall also indicate as to whether respondent is allocated to AGMUT cadre. DB grants two weeks time to file affidavit.
This significant order has been passed in a petition filed by Union of India challenging the order dated September 13, 2007 passed by the Central Administrative Tribunal, Chandigarh Bench {‘the Tribunal’} in O.A. No.116-JK of 2000 in case titled Dheeraj Gupta Vs. Union of India and Ors., whereby the Tribunal has struck down the allocation of the respondent to the J&K Cadre and directed the petitioners herein to allocate him to Haryana cadre. The direction was directed to be complied with by the Union of India within a period of three months. The impugned order of the tribunal is under challenge before this Court in the instant writ petition since the year 2011. We have gone through the proceeding sheet and perused the orders passed in this petition from time to time.
After gone through the proceedings, DB does not find any order staying the impugned judgment of the Tribunal. Resultantly, it can be safely said that respondent does not belong to J&K cadre and, therefore, prima facie cannot hold any post borne on the J&K cadre /now AGMUT cadre unless he is allocated to such cadre. During the proceedings it was told to Division Bench that respondent is still working in J&K despite his allocation to J&K having been struck down by the Tribunal. The respondent is also not coming forward to assist this court.
DB observed that before we proceed to decide this petition on merits, we would like to know the position with regard to the implementation of the judgment dated 13.09.2007 by the Union of India. DB directed Vishal Sharma, DSGI shall file an affidavit on behalf of the Ministry of Personnel, Public Grievances & Pensions to indicate as to how they have complied with the judgment of the Tribunal dated 13.09.2007, impugned in this petition and shall also explain as to how the petitioner, whose allocation to the J&K cadre stands struck down, is still continuing to serve in the Union Territory of J&K. Affidavit shall also indicate as to whether respondent is allocated to AGMUT cadre. He prays for and is granted two weeks time to do the needful.