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SICOP GM's position be not affected: HC
Court also restrains respondents from confirming arrangement of GM to look after work of MD JK Cements
2/1/2016 12:10:13 AM
Early Times Report

JAMMU, Jan 31: High court vacation judge Justice B S Walia today issued notice to commissioners of industries and GAD, besides others, returnable before second week of February and ordered that the present position of SICOP general manager should not be affected. He also restrained official respondents from confirming the arrangement of Atul Sharma looking after the work of Managing Director of J&K Cements Limited.
The court directive came in a petition filed by Devinder Pal Singh, challenging the order whereby government had placed Atul as Managing Director of J&K Cements. The petitioner, challenging the legality and validity of the impugned government order No 01-IND of January 2, 2016, whereby respondent No 7, shown as General Manager in J&K Cements Limited, has been made to look after the work of Managing Director of J&K Cements Limited without appreciating the legality of the fact that his basic promotion as General Manager of J&K Cements Limited has been stayed by the high court in Srinagar vide its December 31, 2015 order passed in SWP No 2830/15 titled Devinder Pal Singh v/s State of J&K. The respondents, in utter haste and without application of mind, have placed Atul Sharma as Managing Director of J&K Cements with the oblique motive to accord him undue benefit in breach of rules governing the field which will harshly and severely prejudice the seniority and service prospects of the petitioner herein.
The petitioner submitted that there was no post of General Manager (Projects) in SICOP in terms of the April 24, 2007 decision of the Establishment Committee of Board of Directors of SICOPand Atul Sharma, being sent on deputation, could not have been promoted by the J&K Cements Limited and it was only SICOP, ie the parent authority who could have promoted the respondent No 7, but once his basic promotion as General Manager was under challenge, the respondents were not legally justified in conferring additional work as Managing Director of J&K Cements Limited to Atul Sharma.
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