Excelsior Correspondent
JAMMU, July 17: In a petition filed by Mukesh Anand and others challenging the promotion/adjustment of seven Incharge Executive Engineers to the post of Superintending Engineer, State High Court today issued notice to Commissioner Secretary PHE, Irrigation and Flood Control Department, Secretary Public Service Commission and seven Incharge XEns for their response to the petition.
During the course of arguments Advocate Rahul Pant appearing for the petitioners submitted that reservation in promotion has been provided for only such posts the minimum pay-scale of which does not exceed the pay scale of Deputy Secretary.
“The posts of Deputy Secretaries as well as the Executive Engineers are in the same pay scale which means that the reservation is available only up to the post of Executive Engineers and there is no reservation provided for promotion to the post of Superintending Engineers and same is required to be filled-up strictly in accordance with the merit and seniority”, he said and sought directions to the State respondents to consider the petitioners as senior to seven Incharge Executive Engineers for making any incharge / adhoc arrangement or stop-gap arrangement or for handing over the charge for the post of Superintending Engineer till such time, the petitioners are regularized as Executive Engineers and their seniority is fixed by applying the catch of rule.
After hearing Advocate Rahul Pant, Justice J P Singh observed that while considering seven Incharge Executive Engineers for adjustment/promotion as SE, Commissioner/Secretary shall consider the petitioners too for such adjustment/promotion keeping in view the seniority of the petitioners and seven respondents as Assistant Engineers.
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