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HC directs for re- fixing seniority
Promotions of AEE Mechanical challenged
8/27/2007 11:09:30 PM

JAMMU, AUGUST-27- In a writ petition challenging the seniority list and consequently promotions to the post of AEE in the mechanical department, Justice Hakim Imtiyaz Hussain of J&K High Court Jammu wing directed the official respondents to consider the claim of the petitioners regarding fixing of their seniority in light of pleas raised in the petition and order impugned shall remain subject to the outcome of such consideration as also to the outcome of CMP.
These directions have been issued in a petition filed by Rajiv Gupta and Other in which Sr. Adv UK Jalali with Adv Anil Khajuria appeared for the petitioners.
Sr. Adv UK Jalali submitted that the petitioners were appointed as JE (Mech) on March 9, 1988 and att the time of their initial appointment, the petitioners were possessing diploma and while in service they completed Bachelors Degree (AMIE) in Mechanical Engineering in June, 2002. The private respondents who were also working of JE in the said department obtained their Bachelor's Degree after the petitioners but in the seniority list issued vide Govt order dated December 16, 2005, they have wrongly shown senior to the petitioners. It is further stated that on the basis of said seniority list, the official respondents have promoted the private respondents as Incharge AEE, ignoring the claim of the petitioners even though the petitioners have completed their Bachelor's Degree prior to the private respondents and are senior to the private respondents. It is stated that the official respondents may be directed to consider the case of the petitioners for promotions as Incharge AEE against the post which are still lying vacant on the same analogy as has been done in case of private respondents who are juniors to the petitioners.
Justice Hussain, after hearing Sr. Adv UK Jalali, issued notice to state of J&K through Chief Secretary, Com/ Secy. PWD (R&B) and private respondents and also in the CMP, returnable within four weeks with the direction to the Registry to list after four weeks. JNF
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