Excelsior Correspondent
SRINAGAR, Sept 26: The State High Court has directed the Government not to fill up or make any promotion to the posts of Assistant Director and Deputy Director in Technical Education Department.
It was because of the malpractice of Incharge arrangement and not following the rules governing the field, the High Court has withheld the promotions and filling up of posts of Assistant Director and Deputy Director in Technical Education Department for not considering the petitioner through promotion against these posts.
Justice Ali Mohammad Magrey while hearing the plea filed by one Tawheeda Habib who claims to be eligible for the promotion to the post of Assistant Director and Deputy Director, directed the Commissioner/ Secretary Technical Education to ensure regular promotion of the petitioner-Habib against the post of Assistant Director from the date the post has become available.
“Let Commissioner/ Secretary to Government, Technical Education Department ensure inclusion of the name of the petitioner in the initial constitution as also notify her position in the final seniority list at its appropriate place”, Justice Magrey further ordered.
In order to provide justice to the petitioner and get the order of Court implemented in its letter and spirit, Court ordered till this exercise with regard to petitioner-Habib is completed, the authorities shall not make any promotion or fill up the post of Assistant Director and Deputy Director.
It is in terms of Jammu & Kashmir Technical Education (Gazetted) Service Recruitment Rules, 2002, notified vide SRO 328 of 2002, the petitioner claimed her right of consideration for promotion against the post of Assistant Director as having fulfilled the eligibility of being Degree Holder Engineer with three years’ experience in February, 2007.
Court has been informed that the post of Assistant Director which forms Class-II Category 3 in the Schedule II (B) of Gazetted Recruitment Rules, the authorities have not initiated the process for considering the case of the petitioner for such promotion and instead of promoting her on regular basis against the post of Assistant Director the Commissioner Technical Education placed her as Incharge Assistant Director against post which was created in the year 2007.
As per her contentions she became eligible for promotion against the post of Deputy Director on completion of five years’ service as Assistant Director in the year 2014 but despite being eligible, she is not being considered for promotion.
She has not been included in the initial constitution of service and seniority notified in terms of circular No. 2-Edu (Tech) of 2013 dated 22.04.2013.
Court after these submissions recorded that prima facie it is established that the Commissioner Secretary, Technical Education Department has not implemented the Gazetted Recruitment Rules (supra) and the petitioner-Habib has been deprived of the benefits which have accrued to her in terms of the said Rules by not including her in the initial constitution as Superintendent and Assistant Director.
“There are no reasons supplied as to why the petitioner has been ignored from the initial constitution of service and thereafter placing her in the seniority list of gazetted officers for considering her case for further promotion”, read the court order.
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