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| HC directs State not to make any adhoc arrangements upto Chief Engineer posts | | Petition challenges promotions of I/C SEs | | EARLY TIMES REPORT
JAMMU, Dec 4 : In a petition filed by petitioners challenging Government order no. 437-PW(R&B) of 2013 dated November 29, 2013 whereby five executive engineers were placed as incharge superintending engineers in their own pay and grade. Justice Ali Mohd Magray of J&K High Court at Srinagar after hearing batter of lawyers for the both the sides observed that Till next date before the bench officials respondents are directed not to make any arrangements against the post of Assistant Executive Engineers, Executive Engineers, Superintending Engineers and Chief Engineers on adhoc/ incharge basis. While issuing directions to the State, Justice Ali Mohd Magrey observed that in the given circumstances, in order to proceed further, it has become imperative to direct Commissioner/ Secretary to Government, Public Works (R&B) Department, Civil Secretariat, Jammu, to file affidavit indicating the steps taken for implementing the judgment passed in Suraj Parkash Gupta's case, supra, as also the directions passed by this court from time to time and by Division Bench in LPA Nos.142/2013 and 169/2013.
He shall also detail out the reasons forming basis for making adhoc arrangements in the shape of impugned order. The affidavit should be based on the official records and anything found contrary shall be viewed seriously and officer will be proceeded against. The com/secy Works shall also provide details of the posts against which the Assistant Executive Engineers, Executive Engineers, Superintending Engineers and Chief Engineers are working on adhoc basis with further details indicating the period of their adjustment. Till next date before the bench officials respondents are directed not to make any arrangements against the post of Assistant Executive Engineers, Executive Engineers, Superintending Engineers and Chief Engineers on adhoc/ incharge basis. The affidavit shall be filed within a period of two weeks.
Justice Ali Mohd Magray hold that Prima facie, this court is of the opinion that the private respondents are holding the posts of Executive Engineer on incharge basis, for an indefinite period, therefore, there is no question of making further temporary arrangements unless their arrangement of feeding post is on substantive basis.
Consideration for passing of interim orders staying the officiating arrangement made in respect of private respondents shall defer till next date before the bench. (JNF) |
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