Excelsior Correspondent
Srinagar, Feb 19: High Court directed the Government not to make further promotions of Juniors Engineers in PW(R&B) department till orders are passed by the Central Administrative Tribunal to the pleas which are pending before it.
The directions has been passed by the Division Bench of Justice Ali Mohammad Magrey and Justice M Akram Chowdhary after the Sr. Counsel Faisal Qadri appearing for aggrieved JEs submitted before the bench that the Government in terms of order No. 15-PW(R&B) of 2022 dated 14.01.2022, have made promotion of the JEs as AEs (Mechanical) despite that their seniority is under challenge in their own pay and grade before the CAT bench of Jammu. He informed the court that the Government is not stopping only there, but are making further promotions of the Junior Engineers, whose seniority is stayed by the CAT, Bench.
The aggrieved JEs aggrieved of the CAT order whereby while issuing notice in their plea, the CAT has not considered the interim application for grant of the relief as such approached the High Court for such relief.
“We maintain the order of CAT Bench, but only modify the same to the extent of directing the CAT Bench, Srinagar, to expedite the decision in the pleas expeditiously and not later than four months. In the meanwhile, the order passed by the CAT Bench, Jammu to the extent of staying the seniority is maintained subject to further orders by CAT Bench. The respondent Government is directed not to make any further promotions unless further orders from the CAT Bench, Srinagar”, DB directed.
Advocate Qadri during the course of arguments submitted that because of non-consideration of the interim application by CAT, not only the rights of the petitioners are violated, but the order passed by the CAT, Bench, Jammu on 23.06.2021, in the earlier plea is also violated.
He has invited the attention of the Court to the said order dated 23.06.2021, passed in a case titled Hardeep Singh and Ors. Vs. PWD(R&B), in terms whereof the CAT, Bench, Jammu, while admitting the said plea to hearing, also stayed the final seniority list, issued vide order dated 21.05.2021 by the department.
On examination of the matter, said the CAT Bench, Srinagar, should expedite the decision on the subject of the seniority of the petitioner-JEs pending challenge in pleas before it, so as to enable the department to make substantive promotions. “We are also of the considered view that the interim order is in force, therefore, the CAT Bench, was expected to pass some orders to further protect the plea”, DB recorded.
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