Jammu,Dec 26: Justice Mohammad Yaqoob Mir quashed the promotions of three Incharge SE's as I/C Chief Engineers for not being in consonance with rules and regulations and directed the Government for regular promotions of Engineers adding that the order dated 26.10.2017 is neither falling within the scope of rule 25 of CCA Rules nor within the scope of Regulation 85(3) of the CSR.
Government vide order no.440-PW (Hyd) of 2017 dated 26.10.2017 promoted Ghulam Qadir Bhat as Incharge CE PDC, Jatinder Kumar Sharma as Incharge CE Chenab Valley Power Project and Mir Shahnawaz CE Irrigation and Flood control Kashmir.
Court directed the authorities to ensure initiation of the process for regular promotion by referring all the cases at all levels to DPC/PSC and on the basis of recommendation of the DPC/PSC proper promotions are granted to the deserving Engineers at respective levels. <script async
Court said that the practice of placing Assistant Engineers as Incharge AEE’s, then Incharge AEE’s as Incharge Executive Engineers, and then Incharge Executive Engineers as Incharge Superintending Engineers is totally in derogation of the Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978.
Unless and until petitioners and respondents No.4 to 6, Court said, are not regularized at the level of Executive Engineers and then at the level of Superintending Engineers, they shall not be eligible to be incharge of the higher post. A thick line of demarcation, as per Government instruction, as, is that the person to be gives the charge must be eligible.
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