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HC stays order on withdrawal of seniority of 24 JEs
7/18/2009 11:53:26 PM
Early times Report
Jammu, July-18: Justice Hakim Imtiyaz Hussain of J&K High Court Jammu Wing in a petition filed by Junior Engineers challenging communication dated March 9, 2009 issued by Deputy Secretary to GAD advised Commissioner/Secretary PWD (R&B) Dept to withdraw Govt order June 25, 2008 and March 22, 2007 in terms of which 24 Junior Engineers (Mechanical) have assigned seniority among the degree holders and four draftsman (Mech) have been promoted as Junior Engineers, after hearing Adv Abhinav Sharma has stayed the communication No GAD(VIG) 239-Camp/2007 dated March 9, 2009 issued by the Deputy Secretary to GAD addressed to Commissioner/Secretary PWD (R&B) shall remain stayed.
Adv Abhinav Sharma appearing for the petitioners stated that this Court vide order April 30, 2009 had already directed the respondents to consider the case of the petitioners for the post of Assistant Engineers. Upon this the High Court directed the respondents that in the meanwhile they shall consider the case of the petitioners for promotion to the post of Assistant Engineer (Mech) in accordance with rules and passed appropriate orders.
This petition filed by Shamsher Ali Naik presently JE PHE, Ashok Kumar Gupta presently JE PWD (R&B), Abnish Sharma JE PHE (Mech) Procurement Division Jammu and Sunil Kumar Abrol JE Irrigation Division Jammu in which they submit that during service period petitioners completed degree course in Mechanical Engineering through Distance Education mode. The petitioners on the basis of J&K Engineering recruitment rules 1997 requested the respondents to incorporate their names in the seniority list of degree holder JEs. Govt order dated June 25, 2008 issued through the medium of which the seniority of the petitioners was fixed with the degree holder JEs. Deputy Secretary to GAD has issued impugned communication with any jurisdiction and authority and has advised to withdraw Govt order June 25, 2008, therefore, the petitioners’ aggrieved by this communication and challenging the said communication. JNF
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