The High Court has stayed a monetary scheme for selection grade Kashmir Administrative Service (KAS) officers which was notified by J&K government on 25 April this year. A bench of Justice MK Hanjura stayed Non- functional Monetary Scheme, after hearing senior advocate Jahangir Iqbal Ganai on behalf of aggrieved petitioners who have superannuated as KAS officers before 1 January 2018. The scheme had come into effect from 1 January 2018.
It appears that by giving effect to the scheme from 1 January 2018 the petitioners have been subjected to invidious discrimination and excluded from benefit of scheme notwithstanding the fact that they are similarly circumstanced with other officers to whom the benefit has been accorded,” the Court said.
Observing that the scheme appears to be “discriminatory and against Article 14 of the constitution of India”, the court said: “Therefore, it is directed that subject to objections and till next date of hearing the Non-Functional Monetary Scheme…shall not be acted upon.”
Meanwhile, the court issued notice to the government asking it to file objections within four weeks to the petition against exclusion of petitioners from the scheme.