Jammu, Dec 6: CAT Jammu in item no.: 7 O.A./1407/2023 with M.A./1115/2023 titled AGHA ZAHID RAINA Vs PWD F after hearing in details ordered as:
The controversy in this case is about promoting certain in-charge Assistant Engineers to the position of In-charge Assistant Executive Engineers in Public Works Department.
Mr. Abhinav Sharma, learned senior counsel for the applicants representing the directly recruited Assistant Engineers with graduate degree stated that the recruitment rules for the post of Assistant Engineer envisages 20% of recruitment through direct mode from amongst graduate Engineering degree holders, 60% through promotion from amongst Junior Engineers having degree and having experience of three years and the remaining 20% by promotion from those Junior Engineers who are possessing diploma and having 5 years experience. This being be the case, the applicant No. 1 who was initially recruited as Junior Engineer (although possessing degree) had on his volition appeared for direct recruitment for the post of Assistant Engineer and having succeeded in the examination got posted as Assistant Engineer on 12.04.2017.
It is the case of the applicants that the other Junior Engineers who were with applicant no. 1 earlier as colleagues got to be promoted as Assistant Engineer only in 2019 and 2021 on In-charge basis. It is to be noted that these degree Engineers had also unsuccessfully tried to get back dated seniority w.e.f. 2014 on the ground that some other colleagues of theirs had succeeded in getting promoted as Assistant Engineers in 2014.
However, 95% of such persons who were promoted as Assistant Engineers in 2015 were subsequently, demoted by the Government. It is to be noted that the J&K Government submitted a proposal to the J&K Public Service Commission for giving back dated seniority w.e.f 2014 for these Engineers, however, ultimately the government had withdrawn the proposal from the J&K Public Service Commission and as on date the private respondents are juniors to the applicants by four years.
While things stand like this, it is the contention of the learned Sr. Counsel representing the applicants that these juniors (who are junior by 2 years and 4 years respectively) were initially promoted as In-charge Assistant Engineers and then subsequently, once again promoted as In-charge Assistant Executive Engineer by way of two orders.
The first order is Government order no. 190-PW (R&D) of 2023 dated 10.05.2023 which was called in question in O.A. No. 548 of 2023 and once the Tribunal was seized of this matter, the Secretary has once again gone ahead and promoted another set of Incharge Assistant Engineers as Incharge Assistant Executive Engineers by way of Order No. 2416-PW (R&B) 2023 dated 12.10.2023, which has been called in question in the instant O.A. i.e. O.A. No. 1407 of 2023
The Original Application No. 548 of 2023 was heard by Hon'ble Mr. Suresh Kumar Batra, Judicial Member and vide order dated 08.08.2023, the matter was kept for consideration of interim relief.
In the O.A. No. 1407 of 2023, when the matter was brought before Hon'ble Mr. Rajendra Singh Dogra, Judicial Member, the second order of promotion as In-charge Assistant Executive Engineer was stayed.
Aggrieved by this, the private respondents(Govt) approached the Hon'ble High Court of Jammu & Kashmir by filing a Writ Petition and the Hon'ble High Court directed this Tribunal to give a hearing to the private respondents before deciding on continuation of the interim relief granted by this Tribunal.
Mr. Rahul Pant, learned Sr. Counsel representing some of the private respondents while drawing our attention to various documents annexed in O.A. No. 548 of 2023 submitted that the stay granted by this Tribunal is working harshly against his clients as despite their eligibility they are not being considered for promotion.
Mr. Anuj Dewan Raina, learned counsel representing some of the private respondents has sought two weeks time to file the reply.
After hearing learned counsels for the parties, the matter remains inconclusive. Let the case be listed for hearing again on 21.12.2023. Till then, interim order granted earlier shall continue.
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