Excelsior Correspondent
Srinagar, Dec 21: The High Court today stayed the transfers and postings of Assistant Engineers (AEs) as Assistant Executive Engineers (AEEs) in Public Works department (PWD).
It was Commissioner/ Secretary to Government Public Works (R&B) Department who despite the Court orders issued vide No. 521-PW(R&B) dated 16.12.2019 ordered transfers and postings of 32 Incharge Assistant Engineers as Incharge Assistant Executive Engineers when the Court had already directed that no promotion of AEs to AEEs shall be affected till further orders from the court.
The order of Commissioner Secretary PW(R&B) department came to be challenged on the ground that the said order is in total violation of court orders when the officials are already in direction that not to make any promotion of the AEs.
Justice Ali Mohammad Magrey after hearing Advocate Asma Rashid said it is prima facie satisfied that the Commissioner Secretary Public Works (R&B) Department has violated the Court order and issued the order of transfers and postings of these officials.
“Meanwhile subject to objections of the other side and till next date of hearing before the bench, the impugned order shall stay”, Court directed and also sought reply from the department by or before December 30 on the issue.
On November 4, the High Court had stayed the promotion of Assistant Engineers to Assistant Executive Engineers in the Department and sought explanation from the Commissioner Secretary with regard to compliance of previous Court direction.
Hearing the petition challenging the final seniority list of AEEs in the department and the promotion list, the court while seeking response from the Government had directed the other AEs shall not be promoted to the post of AEEs.
It is despite the said direction, the Commissioner/Secretary PW(R&B) issued the order in question leaving the court directions on shelf and directed for transfers and posting of 32 AEs to the post of AEEs.
Alleging discrepancies in the department by the higher officials in formulating the seniority list of AEEs and thereafter not considering for the post of AEE, advocate Asma challenged the whole seniority list of hundreds of AEEs and after considering the matter in its totality the court as interim relief stayed the promotion of 11 AEs to the post of AEEs who as per the petition are junior to the petitioner.
Prior to filing of instant petition, petitioner had approached the court and the court while declaring that petition pre-mature but had provided that the respondent department shall consider the objections of the petitioner as and when the same are filed.
With regard to compliance from the Commissioner/Secretary, it was on July 30, court had asked him as to what steps the department has taken on receipt of the order dated April 10. Court has been informed that in response to the directions of the court, a compliance report has been filed and stated that on dismissal of the SLP before Supreme Court in some allied matter, the department is yet to take decision about the remaining AEs including the petitioner Kumar.
Petitioner submitted that pending such decision the department issued the order of transfer and posting of these officials despite the fact the authorities were directed not to promote these AEs to AEEs.
Petitioner has admittedly entered in the service as JE, Civil (Diploma Holder) but subsequently improved his qualification and obtained B.E degree and was claiming the benefit of his inclusion in the category of JE (Degree holder).
Commissioner Secretary PWD while registering his claim gave him the benefit of degree holder by passing an order in 2014 by placing him as incharge AE and subsequently his claim for the promotion as incharge AEE was also considered but finally not included in the promotion to the said post compelling him to approach the Court through medium of instant petition.
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