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High Court directs JDA for AEE promotion reconsideration, imposes costs
7/27/2023 10:32:23 PM
Early Times Report
JAMMU, July 27: The High Court of Jammu & Kashmir and Ladakh, under the stewardship of Justice Rajneesh Oswal, granted relief to Rammohan Lal by allowing his petition and quashing the impugned order bearing No. JDA/Estt/1372-73 dated 18.08.2020. The court directed respondent Nos. 2 & 3 to reevaluate Rammohan Lal's case for promotion as Assistant Executive Engineer (Civil) from the date he became eligible for the said post.
The High Court further mandated that the reconsideration process should be completed by respondent Nos. 2 & 3 within six weeks from the date of serving the copy of this order.
The court also directed the Registry to send a copy of the order to respondent No.1, expressing the expectation that respondent No.1 would finalize the rules governing the service conditions of Jammu Development Authority (JDA) employees. The lack of such rules has led to arbitrariness and discrimination in the actions of the Jammu Development Authority in dealing with its employees.
Moreover, the High Court noted that respondent Nos. 2 & 3 unnecessarily dragged Mr. Rammohan Lal into litigation, compelling him to file three writ petitions. As a consequence, the court imposed a cost of Rs. 30,000/- upon respondent Nos. 2 & 3. This amount is to be deposited with the Registry within one month, and upon deposit, it will be released in favor of the petitioner.
The case revolves around Rammohan Lal's employment history, starting with his appointment as Draftsman (Civil) in the Public Works Department (P.W.D) of the Government of J&K in 1986. Subsequently, he was transferred to J.D.A Division No.-I and absorbed as a Draftsman in J.D.A after a representation made by him.
Over the years, Rammohan Lal received promotions to Head Draftsman, Junior Engineer Grade II, and Assistant Engineer (Civil). However, he was aggrieved by the order bearing No. JDA/Estt/1372-73 dated 18.08.2020, leading him to file a writ petition praying for its quashing.
The court's ruling now ensures that Rammohan Lal's case will be reconsidered for promotion as Assistant Executive Engineer (Civil), addressing his grievances and providing a fair opportunity for him.
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