Excelsior Correspondent
JAMMU, Aug 23: Division Bench of State High Court comprising Justice Virender Singh and Justice B L Bhat today dismissed an appeal filed against the judgement of Writ Court regarding finalization of seniority in the Jammu and Kashmir Projects Construction Corporation (JKPCC).
The Writ Court had directed the JKPCC to issue final seniority list(s) of different cadres in the Corporation, convene the Departmental Promotion Committee within two months and place the case of writ petitioner along with all eligible candidates before the Committee so that regular promotions to different posts including Deputy General Manager on substantive basis in accordance with rules, are made with effect from the date such promotions have fallen due to the respondent as Deputy Manager and Deputy General Manager and to other eligible officers within one month thereafter.
After hearing Senior Additional Advocate General appearing for the JKPCC, DB observed, “the directions passed by virtue of impugned order cannot be termed illegal, arbitrary or legally impermissible”, adding “the appellant Corporation has been sleeping over the matter and despite lapse of eleven months, no substantial steps have been taken to implement the impugned order. We are told that even no service rules have been framed till date and a tentative seniority list is in offing”.
“It is flabbergasting that despite being in existence for a number of years, the appellant Corporation has not adopted any rules to regulate service conditions of its employees, draw up seniority lists and convene Departmental Promotion Committee(s) to consider promotions to various positions”, the DB said, adding “practice of making stop-gap/incharge promotions dehors the rules and seniority has generated the controversy. The instant case and writ petitions referred to in the memo of appeal furnishes testimony to the same”.
Senior AAG Gagan Basotra appearing for the appellant was not able to demonstrate that in any writ petition sub judice before this Court, an embargo was placed upon appellant Corporation to frame service rules, draw seniority lists or convene Departmental Promotion Committees for considering promotions. “Instead of implementing the impugned order, the appellant has questioned the directions by virtue of which it has been asked to adhere to the fundamental principles governing recruitment and promotions in public services. This approach is unfortunate and demonstrates lack of will to adhere to constitutional scheme”, the DB said.
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