Jammu, May 24: In compliance to TA No. 319/2022 titled Paramjit Singh Sehgal and another V/s UT of J&K and others in the Hon'ble Central Administrative Tribunal, J&K Govt vide Government Order No.175- PW(R&B) of 2026, J&K Govt rejected promotion case from Superintending Engineer to Chief Engineer, details with CTN read as under:-
WHEREAS, the Hon'ble CAT in terms of order dated 30.12.2025 in TA No. 319/2022, passed following directions:-
a) "The respondents are directed to consider the cases of both applicants for promotion/placement to the post of Chief Engineer against the two vacancies which had arisen during their service tenure, strictly in accordance with the applicable rules and procedure.
b) Such consideration shall be undertaken by the competent Establishment-cum Selection Committee by adopting the sealed cover procedure, keeping in view the pendency of FIR No. 06/2017.
c) The sealed cover shall be opened and acted upon only subject to the final outcome of the criminal proceedings.
d) In the event of exoneration or discharge/acquittal, the applicants shall be granted all consequential benefits, including notional promotion, fixation of pay, and revision of retiral benefits, as admissible under rules. e) In the event of an adverse outcome, the recommendations, if any, shall not be given effect to.
WHEREAS, while examining the case of the petitioners Shri. Paramjit Singh Sehgal and Shri. A.K. Gandotra it has been found that the petitioners are seeking promotion/placement as Chief Engineer on the basis of seniority against the posts of the Chief Engineers that were available on 30-04-2017;
WHEREAS, Mr. Paramjit Singh and Mr. A.K Gandotra have retired from active service as In-Charge Superintending Engineers(Civil) on 31-07-2017 and 30-09-2018 respectively and were not clear from the vigilance angle, as they were figuring in FIR No. 06/2017, P/S VoJ (now ACB), as a result, their placement to the post of In-Charge Chief Engineer was not considered or recommended to the designated Committee of the Government at that time, which has the mandate to consider such selections.
WHEREAS, in terms of the Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978 of the Public Works (R&B) Department notified vide SRO-380 of 1978 dated 06-07-1978 as amended vide SRO-297 of 2006 dated 14-09-2006 and S.O-281 of 2025 dated 28th October, 2025, the eligibility for promotion of Chief Engineer is as under:-
1- SRO-297 of 2006 dated 14-09-2006 [Applicable up to 28.10.226)
'By Selection from Class II(Selection category) from amongst the persons possessing at least 20 years of total Gazetted service in the same branch of Engineering in which appointment is to be made with at least one year experience as Superintending Engineer".
2-S.O-281 of 2025 dated 28th October, 2025[Applicable w.e.f. 28.10.226]
"By Selection from Class II(Selection category) from amongst the persons having at least 18 years of total Gazetted service in the same branch of Engineering in which appointment is to be made".
WHEREAS, sealed cover procedure is applicable on the postswhere promotions are recommended by the DPCs on substantive promotions, however, the petitioners have retired as In-Charge Superintending Engineer and have not been regularized/confirmed on the said post, therefore, their promotion as Chief Engineer after retirement through the sealed cover procedure is not covered under the rules governing the subject;
WHEREAS, the post of Chief Engineer serves as Head of Department (HoD) role that is a merit-based selection post rather than a routine promotion based on length of service. Given the weight of its administrative and technical responsibilities, the Establishment-Cum-Selection Committee prioritizes a comprehensive evaluation of a candidate's professional record not just mere seniority.
Appointment to this position is contingent upon a proven track record of performance evidenced through Annual Property Reports (APRs), consistent work conduct, and professional integrity with the attainment of a satisfactory vigilance clearance serving as the critical benchmark for eligibility and final recommendation;
WHEREAS, the petitioners are not clear from the vigilance angle as they are figuring in FIR No. 06/2017, P/S VoJ (now ACB), therefore, their selection to a higher post of Chief Engineer after their retirement through Establishments- Cum-Selection- Committee(ECSC) without having being regularized against a lower post is not tenable;
NOW THEREFORE, on the basis of the above factors, in terms of the Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978 of the Public Works (R&B) Department notified vide SRO-380 of 1978 dated 06-07- 1978 as amended vide SRO-297 of 2006 dated 14-09-2006 and S.O-281/2025 and records in the Department, the plea of the petitioners for promotion as Chief Engineers after their retirement, in deference to the order passed by the Hon'ble Central Administrative Tribunal on 30.12.2025, has been examined and found devoid of any merits and is accordingly rejected.
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