HC directive on tentative seniority list of AEs Elect

Excelsior Correspondent

JAMMU, Aug 13: State High Court today directed that tentative seniority list of the AEs (Electrical) of the Degree Holders shall not be operated upon for making any further promotion to the post of AEE (Electrical).
After hearing Advocate FS Butt for the petitioner, Justice Sanjeev Kumar observed, “the petitioner claims that being a degree holder, he came to be appointed as Junior Engineer (Electric) in Power Development Department vide Government Order dated 25.04.1985 and was placed as Incharge Assistant Engineer vide Government Order No.237-PDD of 1996 dated 25.07.1996”.
“It is submitted that subsequently, Government vide its order No.07-PDD of 1998 dated 02.01.1998 has accorded sanction for regularization of the petitioner as Assistant Engineer with immediate effect. It is also contended that the respondents circulated the tentative seniority list of Assistant Engineers vide Government Order No.280-PDD of 2008 dated 01.09.2008 in which the petitioner was indicated at S.No.109 having been promoted as Assistant Engineer with effect from 26.12.2000 instead of 02.01.1998. The petitioner claims to have represented before the concerned authorities and his case was duly recommended by the Chief Engineer vide his communication 11.05.2018”,  High Court observed.
“The grievance of the petitioner, as projected in this petition, is that the respondents have issued another tentative seniority list vide communication No.PDD/HRM/ 05/17(AE) dated 01.06.2018 and have indicated the name of the petitioner at serial No.155. The petitioner is shown to have been promoted as Assistant Engineer with effect from 26.12.2000”, the DB said, adding “the petitioner claims that he has filed representation/objections to the tentative seniority list but the respondents without considering his objections and finalizing the tentative seniority list are contemplating to make further promotions to the post of Assistant Executive Engineers”.
“Since the tentative seniority list of the Assistant Engineers issued in the year 2018 is subject to objections by the aggrieved candidate/persons and the petitioner has submitted his objections, it is incumbent upon the respondent to first consider the objections filed by the petitioner and take an appropriate decision thereon with regard to the seniority of the petitioner in the cadre of Assistant Engineers (Electrical) before proceeding to operate it”, High Court directed.
High Court further directed the respondent that till decision on the objections/representation of the petitioner is taken the tentative seniority list of the Assistant Engineer (Electrical) insofar as it pertains to the degree holders shall not be operated upon for making any further promotion to the post of Assistant Executive Engineers (Electrical).

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