Excelsior Correspondent
JAMMU, Dec 10: High Court has quashed the Government order whereby 11 degree holder Incharge Assistant Executive Engineers (Electric) were placed as Incharge Executive Engineers in their own pay and grade with the direction that the petitioners (diploma holders) shall be considered on the anvil of the criteria laid down in Jammu and Kashmir Engineering (Gazetted Service) Recruitment Rules as per the existing seniority.
The Government Order No.8-PDD of 2015 dated January 8, 2015 whereby 11 degree holder Incharge Assistant Executive Engineers (Electric) were placed as Incharge Executive Engineers was challenged by diploma holders Sukhdev Singh and others in the High Court on the ground that private respondents have been promoted vide impugned order in violation of Rules 14 and 25 of J&K Civil Services (Classification, Control and Appeal) Rules, 1956 and by encroaching upon the quota, which is reserved for the petitioners in violation of law laid down by the Supreme Court in the case of “Suraj Prakash Versus State of Jammu and Kashmir”.
The case of the petitioners was that the post of Executive Engineer in the Power Development Department has to be filled up in terms of the provisions of J&K Engineering (Gazetted Service) Recruitment Rules, 1978 by utilizing 80% by direct recruitment and 20% by promotion from amongst the diploma holders, who have requisite qualification namely 10 years of experience as Gazetted Officers and 4 years of experience as Assistant Executive Engineers.
“The petitioners have completed the requirement of the rules as laid down in Scheduled appended to J&K Engineering (Gazetted Service) Recruitment Rules, 1978 for consideration of the promotion. However, their case for promotion has not been considered”, the counsel for the petitioners submitted.
After hearing both the sides, Justice Alok Aradhe observed, “I am inclined to direct the respondents to consider the cases of the petitioners on the anvil of the laid down criteria and in case the petitioners are found eligible for promotion, they shall be promoted to the post of Executive Engineers with all consequential benefits”.
“The promotion of the petitioners on the post of Executive Engineers shall be subject to the outcome of SLP, which is pending consideration before the Supreme Court”, Justice Aradhe clarified, adding this exercise shall be carried out by the respondents within a period of four months by convening the meeting of the review DPC.
With these observations and directions, High Court quashed the impugned order dated January 8, 2015.
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