Excelsior Correspondent
SRINAGAR, Dec 30: High Court today quashed a Government order in which Public Works Department had placed Assistant Engineers as In-charge Superintending Engineers in their own pay and grade.
Justice Ali Mohammad Magray asked the Government to take necessary steps commensurate with the High Court exigencies in the department to make different promotions in different cadres of the service.
High Court said that order dated 29/11/2013 is “totally nonspeaking”.
“It does not speak of any of the compelling or exigent reasons on which such arrangements could be ordered in terms of rule 25 (4) of Classification Control and Appeal (CCA) rules which provides where it is necessary in the public interest owing to an emergency which has arisen and could not have been foreseen to fill a vacancy immediately by promotion from lower category, and where promotion in accordance with these rules would undue delay or expenditure or cause administrative inconvenience, “the court said.
The court said the appointing authority may promote a person otherwise than in accordance with these rules but such temporary promotion in no case exceeds three months on each occasion.
Referring to various judgments passed by the High Court and Supreme Court, the court said: “Could the respondents be placed as in charge superintending engineers, more so on the ground that being from reserved categories they are entitled to consequential seniority in terms of Rule 24 of CCA rules and that too without considering the petitioners, and under the garb of powers under Rule 25 of CCA rules.”
The petitioners, Civil Engineers (General Category), who are also Assistant Engineers, had questioned the Government Order No: 437-PWD (R& B) in which respondents (other Assistant Engineers) were placed as Incharge Superintending Engineers in their own pay and grade in Public Works Department this year in November.
The court said that as per Law the officiating promotion could not be made without the consultation of the Public Service Commission (PSC) for more than six months when in charge arrangement is made, it has to be for a short duration not exceeding six months.
Citing rules, the court said the seniority of the class of services is to be determined only when they are appointed by promotion to the post as per rules and only when they become permanent members of the class of service.
“No reservation is permissible for the reserved categories of Scheduled Caste and Schedule Tribes in so far as the promotion of SE is concerned,” the court said.
The petitioners were represented by advocate Altaf Haqqani while senior Additional Advocate General J A Kawoos represented the Government.
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