Excelsior Correspondent
JAMMU, May 22: High Court today restrained official respondents from making promotions under Reservation Rules.
The direction was passed in a petition filed by Ashok Kumar Sharma and others challenging rules for promotion of reserved category employees. The petitioners also raised an important question as to whether Rule 9 & 34 of the J&K Reservation Rules 2005 framed under J&K Reservation Act 2004 providing for accelerated promotion to the members of the Reserved Category of SC/ST can be enforced in the light of Judgment of Apex Court in which Apex Court has specifically held that reservation in matter of promotion is not permissible.
“The order has not been extended to the State of J&K and the net result is that reservation in the matter of the promotions is impermissible”, the petitioners said.
After hearing Senior Advocate PN Raina with Advocate JA Hamal appearing for the petitioners whereas Advocate CS Azad for private respondent, Justice Dhiraj Singh Thakur issued notice to respondents including Advocate General for his assistance in this matter.
“Subject to the objections and till further orders, official respondents shall not give any benefit of substantive or officiating promotion or make any further promotion even on adhoc basis in terms of Rules 9 & 34 of J&K Reservation Rules 2005”, the High Court said.
The Court made it clear that the respondents are free to make promotions on substantive basis in accordance with their promotions rules other than the rules impugned in the present petition.
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