Excelsior Correspondent
JAMMU, Nov 4: Division Bench of High Court comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar has directed Departmental Promotion Committee not to make any recommendation on the basis of impugned seniority of private respondents for promotion of Patwaries of Bandipora.
The order has been passed in a petition filed by Mir Ehsaan Ul Haq and others seeking quashment of impugned Order No. DCB/Estt/2022/1308-21 dated 29.08.2022 whereby the final seniority list of Patwaris of District Cadre Bandipora has been issued and also seeking direction to the respondents to fix the seniority of Patwaris of District Cadre Bandipora, which includes the applicants, in accordance with merit list issued by respondent BOPEE vide Govt. Order No.201-REV(NG) of 2012 dated 13.08.2012.
The petitioners always prayed for directions to the respondents against conducting Departmental Promotion Committee till the seniority list is revised in accordance with merit list issued by respondent BOPEE vide Govt. Order No.201 -REV(NG) of 2012 dated 13.08.2012 and the official respondents be further directed not to make any promotion to the next higher grade till the final seniority list is revised.
After hearing both the sides, the DB observed, “the Central Administrative Tribunal should have considered the interim application which is pending before it from 20th September, 2022 and decide the same in terms of applicable law”.
On the strength of pleadings of the parties the DB disposed of the petition with a request to the Central Administrative Tribunal to decide the interim application or the main OA by or before the date of convening of meeting of the Departmental Promotion Committee.
“However, in the meantime till decision is made by the Tribunal in the interim application, the Departmental Promotion Committee shall not make any recommendation on the basis of impugned seniority of private respondents”, the DB directed.
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