Streamline process of transfers, postings of engineers: HC to CS

Excelsior Correspondent
JAMMU, Aug 6: State High Court today directed the Chief Secretary to take effective steps to streamline the process of transfers and postings of engineers in various Government departments.
The direction was passed by Justice Sanjeev Kumar while quashing the order dated 16.02.2018 insofar as it pertains to the retention of respondent in Rural Engineering Wing, Rural Development Department and order dated 14.03.2018 insofar as it pertains to the posting of respondent as Assistant Engineer Stores/Technical Officer to the Executive Engineer, REW, Kathua.
After hearing Advocate Abhinav Sharma appearing for the petitioner whereas Deputy AG Arshad Majid Malik for the State  and Advocate Niraml Kowal for the private respondent, High Court said, “respondents are free to fill up the post of Assistant Engineer Stores/Technical Officer to Executive Engineer, REW, Kathua by posting an appropriate person eligible to hold the post”.
“Before parting, I would like to bring this state of affairs in the notice of the Chief Secretary of the State for taking appropriate remedial measures in the matter and to take effective steps to streamline the process of transfers and postings of engineers in various Government departments”, Justice Sanjeev Kumar said, adding “it is expected that the Chief Secretary would take note of the observations and come up with a rational policy of transfer and posting of the engineers in various departments of the State”.
The significant direction has been passed in a petition filed by Madan Gopal Samyal, who challenged the legality of Government Order No.89-PW(R&B) of 2018 dated 16.02.2018 to the extent it pertains to the retention of respondent No.4 in the Rural Engineering Wing of the Rural Development Department.
The petitioner is also aggrieved of Government Order No.50-RD & PR of 2018 dated 14.03.2018, whereby the respondent No.4 has been posted as Assistant Engineer Stores in place of the petitioner and the petitioner has been transferred and posted as Incharge Assistant Engineering, REW Block, Keerian Gandyal against an available vacancy.
Both the petitioner and respondent No.4 are substantively holding the post of Junior Engineers borne on the cadre of Jammu & Kashmir Public Works (R&B) Subordinate Service and are holding the post of Incharge Assistant Engineers (Civil) in their own pay and grade.