Fayaz Bukhari
Srinagar, Dec 4: Pulling up the Government on violating Supreme Court directions for adopting adhocism, Jammu and Kashmir High Court today directed it not to make any arrangements against some top posts.
A Single Bench of High Court comprising Justice Ali Mohammad Magray observed the approach adopted by the Government on making promotions on stop-gap basis was a routine.
“It is not known as to what are the compelling reasons for official respondents to continue adhocism for indefinite period in violation of Apex Court directions and the direction passed by the court from time to time. It has become a routine for the Government to violate the rules and judgments of the court,” Justice Magray observed.
The court was hearing a petition of Executive Engineers questioning the Government order No. 437 (PW) (R&B) dated: 29.11.13 where some persons have been placed as incharge Senior Engineers in their own pay and grade in Roads and Buildings Department.
“It has long since been settled that an officiating promotion cannot be made without the consultation of the PSC for a period of more than six months,” the court said.
The Court also directed Commissioner Secretary Roads and Buildings Department to file affidavit indicating the steps taken by the Government for implementation of the judgment passed in Suraj Prakash case in Supreme Court.
“The affidavit should be based on the official records and anything found contrary shall be viewed seriously and officer will be proceeded against,” the bench said.
The bench also directed State to provide details of the posts against which the AEE, EE, SE and CE are working on adhoc basis with further details indicating the period of their adjustment within two weeks.
The court observed that the adhoc engineers are holding the posts of EE on in-charge basis for an indefinite period. Therefore there is no question of making further temporary arrangements unless there arrangement of feeding posts is on substantative basis.
Counsel for petitioners Altaf Hussian Haqqani argued before the court that the department has promoted juniors and left the petitioners behind which is adversely affecting them.
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