Mohinder Verma
JAMMU, Oct 15: Uncer-tainty is looming large over the continuance of nearly 200 officers at existing positions following setting aside of their promotion orders by the Division Bench of State High Court while striking down Section 6 of the Jammu and Kashmir Reservation Act, 2004 as the State Government has yet not taken any decision on challenging the judgment in the Apex Court of the country.
The Division Bench of State High Court comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal, vide its judgment dated October 9, 2015 has struck down Section 6 of Jammu and Kashmir Reservation Act, 2004 and Rules 9, 10 and 34 of J&K Reservation Rules 2005 for being ultra-vires Article 16 of Constitution of India.
Moreover, the Division Bench has set-aside numerous Government orders for being in conflict with law laid down by Supreme Court. The impugned Government orders were challenged in several petitions by the members of J&K Engineering (Gazetted) Service Hydraulic Wing, J&K Law Officer (Subordinate) Service, J&K Engineering (Gazetted) Service and J&K Animal Husbandry (Gazetted) Service on the ground that private respondents though junior to them, have been promoted to next higher level ahead of them under Reservation Act and Rules and allowed to steal march over them.
The DB, in its landmark judgment, has observed that private respondents have been promoted and their seniority fixed ahead of the petitioners on the ground that they belong to reserve category within the meaning of J&K Reservation Act, which otherwise was not permissible under law.
According to the sources, the judgment of the Division Bench of the High Court is being examined in the Department of Law, Justice and Parliamentary Affairs but no decision has been taken till date as to whether the Government will implement the judgment or challenge the same in the Supreme Court.
“We will examine the judgment and then give our opinion to the Government for final decision”, said an officer of the Law Department, adding “we have 90 days time to file appeal against the judgment of the State High Court before the Apex Court. However, the officers whose promotion has been set-aside by the High Court are at liberty to challenge the judgment on their own”.
In the absence of any decision from the Government till date, uncertainty is looming large over the continuance of nearly 200 officers, whose promotion orders have been set-aside by the High Court, at their present positions, sources said, adding “in case of Government deciding not to challenge the DB judgment or Supreme Court upholding the judgment of the State High Court even if the High Court order is challenged these 200 officers will have to face demotion”.
According to the orders set-aside by the Division Bench of High Court, seven Superintending Engineers were promoted as Incharge Chief Engineers vide Government Order No.151-PW(Hyd) of 2013 dated June 3, 2013 issued by the then Under Secretary to Government, PHE/Irrigation and Flood Control Department.
Similarly, 50 Assistant Engineers were placed as Assistant Executive Engineers by the Power Development Department vide Government Order No.07-PDD of January 4, 2002. Moreover, vide Government Order No.175 dated June 24, 2004 the Power Development Department had promoted 20 Assistant Executive Engineers as Incharge Executive Engineers.
Likewise, vide Government Order No.115-ASH dated December 29, 2000 the Animal and Sheep Husbandry Department had promoted 27 officers as Deputy Directors and Livestock Development Officers or its Equivalent. The Power Development Department had also promoted nine Assistant Executive Engineers as Incharge Executive Engineers vide Order No.338 of October 29, 2004.
Even in the Medical Education Department, some doctors were promoted as Assistant Professors by making use of the Reservation Act.
Stating that extensive use of the Reservation Act was made to help some officers, sources said that in June 2001 the Power Development Department promoted an Assistant Engineer (Mech) as Assistant Executive Engineer (Mech) and within next one year the same officer was promoted from Assistant Executive Engineer to Executive Engineer.
Follow our WhatsApp channel