Excelsior Correspondent
JAMMU, July 27: High Court of Jammu & Kashmir and Ladakh has directed the Jammu Development Authority (JDA) to consider petitioner afresh for the promotion as AEE and imposed Rs 30,000 cost on the respondents for unnecessarily dragging the petitioner to litigation.
Justice Rajneesh Oswal has also quashed the order impugned bearing No. JDA/Estt/1372-73 dated 18.08.2020 and directed the respondents that the exercise shall be undertaken within the period of six weeks from the date the copy of this order is served upon them.
After hearing Senior Advocate Rahul Pant with Advocate Arushi Shukla for the petitioner, Justice Oswal further observed, “respondent have unnecessarily dragged the petitioner to litigation and the petitioner was compelled to file three writ petitions so cost of Rs 30,000 is imposed upon the respondents to be deposited with the Registry within a period of one month and after deposit, the same be released in favour of the petitioner”.
The petitioner was initially appointed as Draftsman (Civil) in the Public Works Department in the year 1986. Thereafter the petitioner was transferred and posted in JDA Division No.-I vide order bearing No. DA/Estt/PF/1515-17 dated 25.03.1986. Pursuant to the representation made by the petitioner to the respondent, the petitioner was absorbed as the Draftsman in the JDA vide order No. 491-96 dated 02.01.2003.
The petitioner was promoted as Head Draftsman against the available vacancy vide order No. JDA/Estt/Promotion/5061-63 dated 14.07.2004. Thereafter, he was promoted as Junior Engineer Grade II vide order No. 143-JDA of 2011 dated 01.10.2011, notionally with effect from 28.06.2008 and monetarily, prospectively. The petitioner was thereafter again promoted as Assistant Engineer (Civil) notionally with effect from 01.07.2011 to 17.12.2018 and monetarily with effect from 18.12.2018.
The petitioner being aggrieved of the order bearing No. JDA/Estt/1372-73 dated 18.08.2020, filed another writ petition bearing WP(C)No. 2595 of 2021 and prayed for quashing the orders bearing No. JDA/Estt/1372-73 dated 18.08.2020 and No. 351-PW(R&B) of 2021 dated 12.11.2021 to the extent that the respondent has been posted as Assistant Executive Engineer (Civil) in the Jammu Development Authority on deputation, the same being violation of SRO- 882 dated 26.10.2019 and the quota prescribed for deputation against the posts of Assistant Executive Engineer (Civil) in the Jammu Development Authority.
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