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news details
Don't act upon tentative seniority list of AEs: HC to Govt
8/13/2018 10:18:50 PM
Early Times Report
Jammu, Aug 13: The J&K High Court ordered that till decision on the objections/representation of the petitioner is taken by the respondent, the tentative seniority list of the Assistant Engineers (Electrical) insofar as it pertains to the degree holders shall not be operated upon for making any further promotion to the post of Assistant Executive Engineers.
Justice Sanjeev Kumar, after hearing Adv FS Butt, observed:
"That the petitioner claims that being a degree holder, he came to be appointed as Junior Engineer (Electric) in Power Development Department vide government order dated 25.04.1985 and was placed as Incharge Assistant Engineer vide government order No.237-PDD of 1996 dated 25.07.1996.
"It is submitted that subsequently government vide its order No.07-PDD of 1998 dated 02.01.1998 has accorded sanction for regularization of the petitioner as Assistant Engineer with immediate effect i.e. with effect from the date of issuance of the order. It is next contended that the respondents circulated the tentative seniority list of Assistant Engineers vide government order No.280-PDD of 2008 dated 01.09.2008 in which the petitioner was indicated at S.No.109 having been promoted as Assistant Engineer w.e.f. 26.12.2000 instead of 02.01.1998."
The petitioner claims to have represented before the concerned authorities and his case was duly recommended by the Chief Engineer vide his communication 11.05.2018. The grievance of the petitioner, as projected in this petition, is that the respondents have issued another tentative seniority list vide communication No.PDD/ HRM/05/ 17(AE) dated 01.06.2018 and have indicated the name of the petitioner at serial No.155. The petitioner is shown to have been promoted as Assistant Engineer w.e.f. 26.12.2000.
The petitioner also claims that he has filed representation/objections to the tentative seniority list but the respondents without considering his objections and finalizing the tentative seniority list are contemplating to make further promotions to the post of Assistant Executive Engineers.
Justice Sanjeev Kumar observed that the facts are not much in dispute in this case. As pleaded by the petitioner and substantiated by the documents placed on record, the petitioner was promoted as Assistant Engineer in Incharge capacity on 25.07.1996 and was regularized on 01.02.1998. In the tentative seniority list issued in the year 2008 and the tentative seniority list issued in the year 2018 the petitioner has been shown to have been promoted as Assistant Engineer w.e.f. 26.12.2000. It is also on record that the petitioner's case for correction of his seniority has been duly recommended by the Chief Engineer after verification of the personal record of the petitioner including the service book. It has been recommended that the petitioner was promoted/regularized as Assistant Engineer w.e.f. 01.02.1998 and, therefore, deserves to be reflected in the seniority list at an appropriate place. Be that as it may, the fact remains that to the tentative seniority list issued now in the year 2018 the petitioner has submitted his objections and it is incumbent upon the respondents to consider the same and take an appropriate decision thereon.
"In light of the facts and circumstances stated above, this petition with the consent of counsel for the parties is admitted and taken up for final disposal," Justice Kumar observed.
He observed that since the tentative seniority list of the Assistant Engineers issued in the year 2018 is subject to objections by the aggrieved candidate/persons and the petitioner has submitted his objections, "it is incumbent upon the respondent No.1 to first consider the objections filed by the petitioner and take an appropriate decision thereon with regard to the seniority of the petitioner in the cadre of Assistant Engineers (Electrical) before proceeding to operate it."
Accordingly, this writ petition along with connected application is disposed of with a direction to respondent No.1 to consider the objections filed by the petitioner to the tentative seniority list of Assistant Engineers (Electrical) issued on 01.06.2008 and take a final decision thereon within a period of four weeks from the date a certified copy of this order is made available to him, the court observed.
"Till decision on the objections/representation of the petitioner is taken by the respondent, the tentative seniority list of the Assistant Engineer (Electrical) insofar as it pertains to the degree holders shall not be operated upon for making any further promotion to the post of Assistant Executive Engineers (Electrical)," the court added.
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