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HC restrains official respondents from making promotion under Reservation Rules Petition challenging Rules for promotion of Reserved Category 5/22/2014 11:29:38 PM Early Times Report Jammu, May 22 : In a petition filed by Ashok Kumar Sharma & Ors who are presently in Gazetted Cadre of Engineering wing challenging the promotion rules under Reservations Rules and questioned an important law 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. It is in the light of the ratio of the judgment that the constitution of India was amended by virtue of 77th amendment by incorporating Article 16 (4A) which specifically provides for reservation in the matters of promotions. In the petition it has been submitted that the said order has not been extended to the state of J&K. the net result is that Apex Court Judgment in this case is applicable and therefore, reservation in the matter of the promotions is impermissible. Justice Dhiraj Singh Thakur today after hearing Sr. Adv PN Raina with Adv JA Hamal appearing for the petitioner whereas Adv CS Azad appearing for private respondent I/C SE ERA Kashmir and I/C SE Hydraulic Circle Anatnag, issued notice respondents including Advocate General for his assistance in this matter. Justice Dhiraj Singh Thakur further observed that subject to 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 on terms of Rules 9 & 34 of J&K Reservation Rules 2005. Court further 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.   Share This News with Your Friends on Social Network     Comment on this Story

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