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| DB disposes of two LPAs over promotion under Reserved Category | | | Jammu, June 14: In two letters patent appeals filed by against the order of writ Court regarding controversy of promotion under Reserved Category, Division Bench of State High Court Comprising Justice Virender Singh and Justice Janak Raj Kotwal intend to dispose of both the appeals at this stage itself as keeping them on board would not be in the fitness of things and have accorded consideration to the impugned order in the context, in which, the reliefs in the writ petition have been sought and counter contentions of the parties before court.
After hearing Sr Adv Sunil Sethi with Advocates CS Azad for the appellants whereas Sr Advocate PN Raina with Adv JA Hamal for the respondents, Division Bench observed that the controversy involved in the writ petition and the interim directions contained in the impugned order. No doubt, the impugned order has been passed subject to objections of the other side, Division Bench felt some of the directions may hit hard and have far reaching consequences, if they are implemented before final consideration of the CMA No.1685/2014 filed in writ petition on its merits.
Division Bench further observed that the appellants in these two appeals and the private respondents are the members of the Hydraulic wing of the Engineering Gazetted Service of the State.
They all were initially promoted to/appointed as Assistant Engineers and subsequently promoted as Assistant Executive Engineers on officiating basis.
Their officiating promotions as Assistant Executive Engineers, however, has been regularized vide Government order No. 269-PW (Hyd) of 2013 dated 04.10.2013 along with some other members of the service.
In the meantime, the appellants, who belong to reserved categories, have been further promoted by way of Incharge/own pay and grade arrangement, giving them the benefit under section 6 of the Act and Rules 9 & 34 of the Rules, to the posts of Executive Engineers, some of them to the posts of Superintending Engineers and some even to the posts of Chief Engineers. Private respondents (writ petitioners), who belong to Open Merit Category, were also promoted by the similar arrangement to the posts of Executive Engineers.
Division Bench, therefore, in order to safeguard the interest of both the sides, feel it apt to modify the interim order providing that, while according consideration to make promotion in accordance with the Promotion Rules as allowed by the Writ Court, the official respondents (Government) shall not disturb the present position and status of those appellants who by now are promoted on Incharge basis to the posts above Executive Engineer till the stay application (CMA No.1685/2014) is disposed of by Writ Court.
Division Bench disposed of both the appeals and allowing appellants to approach the Writ Court and said the Division Bench would request the Writ Court, having regard to the importance of the matter, to dispose of the application for stay at an earliest, preferably within two weeks after the objections by the appellants are filed. (JNF) |
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