Excelsior Correspondent
SRINAGAR, Nov 6: The High Court has stayed the promotion of 11 Assistant Engineers to Assistant Executive Engineers in Public Works Department (PWD) and sought explanation from the Commissioner/ Secretary with regard to compliance of previous Court direction.
Hearing the petition filed by one Vijay Kumar challenging the final seniority list of AEEs in the department and the promotion list in which the petitioner Kumar has been dropped, Justice Ali Mohammad Magrey while seeking response from the Government directed the other AEs shouldn’t be promoted to the post of AEEs.
Advocate Asma Rashid appearing for petitioner Kumar submitted before the court that without considering the objections of the petitioner, the department issued the final seniority list and placed 11 AEEs over and above the petitioner Kumar.
Alleging discrepancies in the department by the higher officials in formulating the seniority list of AEEs and thereafter not considering the petitioner-Kumar 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 AEEs who, as per the petition, are junior to the petitioner Kumar.
Prior to filing of instant petition, petitioner had approached the Court and the court while declaring that petition pre-mature had provided that the respondent department shall consider the objections of the petitioner as and when the same are filed.
Court directed the State counsel to update the status regarding the advice of the Law Department by filing response by or before next date of hearing and till then the respondents 4 to 14 (11 AEEs) shall not be promoted to the post of AEE.
With regard to compliance from the Commissioner Secretary, it was on July 30 that 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.
Petitioners counsel Advocate Asma submitted that pending such decision the department issued final seniority list keeping the other AEs over the petitioner despite the fact they were junior to the petitioner. “…and Commissioner Secretary PWD also explain as to what steps he has taken in tune with the compliance filed in terms of order date July 30”, the Court further added.
Petitioner Kumar 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.
Follow our WhatsApp channel
