Excelsior Correspondent
Srinagar, Feb 27: Jammu and Kashmir High Court directed the Government that the interim arrangements for the post of Chief Engineers should not be beyond six months and it should take steps for making promotions to fill up the post of Chief Engineers in different departments.
Court while modifying its order (dated 8.7.2014) wherein State was directed to maintain status quo vis-à-vis further promotions to the post of Chief Engineer, said the interim arrangement for the post of Chief Engineer shall not exceed six months.
“The Government is at liberty to make interim arrangement from all the eligible candidates including petitioners, if eligible, to man the post of Chief Engineer” adding with “The arrangement so made shall not in any case be continued beyond the period of six months”, directed Justice D S Thakur.
Counsel appearing for the State submitted before the court that the department is facing administrative difficulties as no eligible candidate is being considered for the post of Chief Engineer due to order of the court passed on 8.7.2014.
He referred the Rule 25(4) of classification control and appeal rules (CCA) 1965 which gives power to the Government to make any interim arrangement in public interest in the situation of emergency, where promotion in accordance with these rules would involve delay or expenditure.
Court with these submissions said that ‘it appears the issue at this stage seems not so much with regard to making substantive promotions’ against the post in question but for the purposes of making interim arrangement.
It has also been brought to the notice of the court during the course of hearing of the matter that PSC and Government has cleared promotions up to the level of Executive Engineers (EEs) and it would take some time to finalize the promotions higher than the post of EE.
Court under the CCA rules of 1956 said the Government has power to make interim arrangements but made it clear that under the guise of interim arrangement ‘it cannot permit’ to defeat the genuine and legitimate rights of consideration of officers against the higher post on substantive basis so directed the Government to take steps to fill up the post of CEs on promotion basis within six months.
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