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| HC directed State regarding promotion of AE | | |
Jammu, November-01: Justice Sunil Hali of J&K High Court Jammu Wing while allowing the petition of a Junior Engineer observed that seniority is one of criteria for promotion and any denial of this right violates the fundamental right of the petitioner for being considered for promotion to higher post. In the present case it is not only petitioner’s placement in the seniority but his total exclusion in the seniority list as a result he had been superseded and directed State to show the name of petitioner in seniority list issued on February 20, 2001 over an above the persons who stand appointed after the petitioner in the PDD Department.
Petitioner Ram Singh Manhas appointed as Junior Engineer (Civil) and was posted in the power development dept on June 10, 1988. Dispute was going on as to whether the civil and mechanical engineers, who were working in the PDD, are required to be en-cadrered in the PDD. Series of litigation was filed and after the judgment of the High Court, the State Govt on July 16, 1992 issued sanction for setting-up his separate cadre of civil and mechanical of the PDD. The respondents issued a seniority list on February 20, 2001. Name of the petitioner however does not figure in the said seniority list even though he stood appointed as JE (Civil) in the PDD on June 10, 1988.
Justice Sunil Hali after hearing Adv Abhinav Sharma appearing for the petitioner and Deputy AG Shaista Hakim appearing for the PDD, allow the petition and directed respondent to show the name of the petitioner in the seniority list issued on February 20, 2001 over and above the persons who stand appointed after the petitioner in the PDD and also directed the State respondents to accord consideration to the promotion of the petitioner to the post of Assistant Engineer (Civil) with effect from June 1, 2001 when his juniors have been promoted. The effect of the promotion shall be given to the petitioner from the date his juniors have been promoted. JNF
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