Excelsior Correspondent
JAMMU, Aug 23: High Court today stayed the promotion of 30 Incharge Assistant Engineers as Incharge Assistant Executive Engineers.
After hearing Advocate Ravi Abrol appearing for the petitioner whereas Advocate SK Shukla appearing for the private respondent, Justice D S Thakur observed, “in the earlier round of litigation initiated by the petitioner, this court while disposing of SWP No. 558/12 had issued directions to the respondents to convene DPC and consider all eligible candidates for promotion to the position of Assistant Engineer in accordance with rules and make promotion to the cadre on substantive basis”.
“Grievances of the petitioner in that writ petition was that respondent Parshotam Singh Manhas had been promoted as Incharge Assistant Engineer even though he was junior to him. It appears that with a view to appease the petitioner, order dated 06.12.2013 was passed by the Commissioner Secretary to Government whereby the petitioner, too, was made Incharge Assistant Engineer (Civil) in the Hydraulic Wing”, High Court said.
“This order was clearly contrary to the mandate of the directions issued by the court vide order dated 04.09.2012 read with order dated 26.06.2013. The Commissioner Secretary to Government had no authority to make an incharge arrangement even in respect of the petitioner when the direction was to constitute a DPC and consider all others eligible for promotion on substantive basis as Assistant Engineers”, Justice Thakur said.
Taking serious note of adhocism, High Court said, “the official respondents resorted to approach of adhocism for the purpose of filling up various posts in different cadres in the Hydraulic Wing. This is clearly impermissible. Even when the petitioner is a beneficiary of earlier order passed in his favour and the said order has not been challenged in the present petition, for obvious reasons, being contrary to the mandate of the judgment and order dated 04.09.2012, same cannot be permitted to operate any further”.
While issuing notices to the respondents, Justice Thakur ordered that subject to objections and till next date before the bench, operation of orders dated 06.12.2013 and 07.08.2011 shall remain stayed. “Respondents should comply with the judgment and order dated 04.09.2012 read with order dated 26.06.2013 in letter and spirit. Commissioner Secretary to Government, PHE/I&FC Department shall report compliance as to the steps taken by him for the purpose of compliance of order dated 04.09.2012 read with order dated 26.06.2013”, the High Court directed.
“Let the needful be done and the requisite status report/compliance report be filed by or before the next date of hearing”, Justice Thakur further directed.
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