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| HC stays promotion of 30 I/C AEEs | | | Jammu, Aug 23 : In a petition challenging the promotion of 30 Incharge Assistant Engineer as Incharge Assistant Executive Engineer, Justice DS Thakur of J&K High Court Jammu after hearing both sides ordered that orders dated 06/12/2013 and 07/08/2011shall remain stayed.
While staying the order, Justice DS Thakur observed that in the earlier round of litigation initiated by the petitioner, this court while disposing of SWP No. 558/12 had issued directions to the respondents to convene DPC and consider all eligible candidates for promotion to the position of Assistant Engineer in accordance with rules and make promotion to the cadre on substantive basis. Grievances of the petitioner in that writ petition was that respondent No 4, namely, Parshotam Singh Manhas had been promoted as I/c Assistant Engineer even though he was junior to him in the said petition. It appears that with a view to appease the petitioner, order dated 06.12.2013 was passed by the Commissioner Secretary to Government whereby the petitioner, too, was made Incharge Assistant Engineer (Civil) in the Hydraulic Wing. This order was clearly contrary to the mandate of the directions issued by the Court vide order dated 04.09.2012 read with order dated 26.06.2013. The Commissioner Secretary to Government had no authority to make an incharge arrangement even in respect of the petitioner when the direction was to constitute a DPC and consider all other eligibles for promotion on substantive basis as Assistant Engineers. Justice DS Thakur took serious note of adhocism and observed that the official respondents resorted to approach of adhocism for the purpose of filling up various posts in different cadres in the Hydraulic Wing. Justice Dhiraj Singh Thakur while issuing notices to respondents ordered that Subject to objections and till next date before the Bench, operation of orders dated 06/12/2013 and 07/08/2011 shall remain stayed. Court also directed Commissioner Secretary to Government, PHE/I&FC Department to file compliance report and the steps taken by him for the purpose of compliance of order dated 04/09/2012 read with order dtd 26/06/2013. Court also directed respondents to do needful and file requisite status report/compliance report by or before the next date of hearing. (JNF) |
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