Excelsior Correspondent
JAMMU, June 14: Division Bench of High Court comprising Justice Virender Singh and Justice Janak Raj Kotwal has disposed of with certain directions two Letters Patent Appeals (LPAs) filed against the order of the Writ Court into the controversy over promotion under Reserved Category.
The Writ Court had ordered that subject to the objections and till further orders, official respondents shall not give any benefit of substantive or officiating promotion or make any further promotion even on adhoc basis in terms of J&K Reservation Rules, 2005 in the Hydraulic Wing of the Engineering Gazetted Service.
After hearing Senior Advocate Sunil Sethi with Advocate CS Azad for the appellants whereas Senior Advocate PN Raina with Advocate J A Hamal for the respondents, the DB observed, “no doubt, the impugned order has been passed subject to objections of the other side, we feel some of the directions may hit hard and have far reaching consequences, if they are implemented before final consideration of the CMA No.1685/2014 filed in writ petition on its merits”.
“The appellants in these two appeals and the private respondents are the members of the Hydraulic Wing of the Engineering Gazetted Service of the State. They all were initially promoted to/appointed as Assistant Engineers and subsequently promoted as Assistant Executive Engineers on officiating basis. Their officiating promotions as Assistant Executive Engineers, however, has been regularized vide Government Order No. 269-PW (Hyd) of 2013 dated 04.10.2013 along with some other members of the service”, the DB said.
In the meantime, the appellants, who belong to reserved categories, have been further promoted by way of incharge/own pay and grade arrangement, giving them the benefit under Section 6 of the Act and Rules 9 & 34 of the Rules, to the posts of Executive Engineers, some of them to the posts of Superintending Engineers and others to the posts of Chief Engineers, the DB observed, adding “private respondents (writ petitioners), who belong to Open Merit Category, were also promoted by the similar arrangement to the posts of Executive Engineers”.
“In order to safeguard the interest of both the sides, we feel it apt to modify the interim order providing that while according consideration to make promotion in accordance with the Promotion Rules as allowed by the Writ Court, the official respondents (Government) shall not disturb the present position and status of those appellants who by now are promoted on incharge basis to the posts above Executive Engineer till the stay application is disposed of by Writ Court”, the DB directed.
While disposing of both the appeals, the DB said, “the appellants are given liberty to approach the Writ Court and file objections to the Writ Petition and the application for stay”, adding “we would request the Writ Court, having regard to the importance of the matter, to dispose of the application for stay at an earliest, preferably within two weeks after the objections by the appellants are filed”.
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