Jammu, March 07: In Transferred Application No. 61/6528/2021 Connected with Original Application No. 61/1080/2021 Original Application No. 61/378/2023 & Original Application No. 61/1432/2023 after hearing a bench comprising of Hon’ble Mr. B. Anand, Administrative Member Hon’ble Mr. Sanjeev Gupta, Judicial Member ordered as under:-
Transferred Application No. 61/6528/2021
Mohd. Yaseen Batt VERSUS 1. The Union Territory of Jammu and Kashmir, through its Commissioner/Secretary to Govt., Jal Shakti Department, Civil Secretariat, Jammu/Srinagar. C/w Original Application No. 61/1080/2021 titled Mohammad Yaseen through Commissioner/Secretary to Govt. of J&K, Jal Shakti Department, Civil Secretariat, Srinagar/Jammu-190009 RESPONDENTS c/w Original Application No. 61/378/2023 titled 1. Shubham Singh Baloria, Versus 1. Union Territory of J&K through Secretary to Government, Jal Shakti Department, Civil Secretariat, Jammu-180001 & ors Respondents c/w Original Application No. 61/1432/2023 titled 1. Vishal Singh Versus 1. Union Territory of J&K through Secretary to Government, Jal Shakti Department, Civil Secretariat, Jammu ordered as :-
11 :: O R D E R Per:- B. Anand, Administrative Member Transferred Application No. 6528 of 2021 titled Mohd Yaseen Butt & others Vs. State of Jammu & Kashmir others, Original Application No. 1080 of 2021 titled Mohd Yaseen Butt & Others Vs. State of Jammu & Kashmir and others, Original Application No. 378 of 2023 titled Shubham Singh Baloria and others Vs. State of Jammu & Kashmir and others and Original Application No. 1432 of 2023 titled Vishal Singh and others Vs. State of Jammu & Kashmir and others are being disposed of by this common order as the controversy involved in all these petitions is identical.
2. Transferred Application No. 6528 of 2021 and Original Application No. 1080 of 2021 have been filed by Mohd Yaseen and 28 other applicants seeking their inclusion in the seniority list of Degree Holder Jr. Engineers and promotion over and above the candidates who have been placed as Incharge Assistant Engineers vide Government Order No. 117-JK (JSD) of 2021 dated 08.06.2021.
The applicants also seek their inclusion in the seniority list as has been clear from notice bearing No. PW/PHEJ/20/2017-WP dated 09.12.2021 where objections have been invited from the affected candidates against inclusion of applicants in the seniority list of Degree holder Junior Engineers.
3. Original Application Nos. 378 of 2023 and 1432 of 2023 have been filed by Subham Singh Baloria & others and Vishal Singh & others respectively, seeking quashment of notification issued by the Public Service Commission inviting applications for filling up the vacancies of Assistant Engineers to the extent of 20% quota earmarked for direct recruitments and further sought direction for their promotion as Assistant Engineer by convening DPC without further delay.
The further grievance projected in the aforesaid Original Applications is that the applicants therein will become junior in case, the direct recruits will be appointed as Assistant Engineers under 20% quota without filling up the 60% quota reserved for promotion categories from the feeding cadre of degree holders Junior Engineers.
4. Mr. Sheikh Najeeb, learned counsel in Transferred Application No. 6528 of 2021 and Original Application No. 1080 of 2021 opened the arguments by stating that the applicants in his case are Diploma Holder Junior Engineers who have acquired AMICE degrees from the Institute of Civil Engineers, Ludhiana on different dates which was under controversy earlier on the ground that degrees offered by the said Institute was not recognized by the Government of Jammu & Kashmir.
However, that controversy has been settled and the Government has decided that the AMICE degrees obtained by the diploma holder Junior Engineers from the Institute of Civil Engineers, Ludhiana is equivalent to degrees possessed by the Junior Engineers.
He further submitted that the applicants herein are senior to the degree holder Junior Engineers having become eligible for promotion to the post of Assistant Engineer from the date of acquiring respective AMICE degrees. He further submitted that there is no controversy with regard to inter se seniority between applicants in the above mentioned O.A. and T.A. and the directly recruited graduate engineers.
It is the further submission of learned counsel for the applicants that the notification dated 09.12.2021 issued by the Government was challenged by some of the degree holder Junior Engineers, before Srinagar Bench of this Tribunal in Original Application No. 1 of 2022 and vide order dated 09.06.2023, the challenge to the aforesaid notice was rejected and it was held that proposed action of the non applicants No. 1 & 2 (official respondents) vide notice dated 09.12.2021 in giving effect to the seniority of AMICE Degree Holders from Institute of Engineers, Ludhiana is legitimate.
5. We have heard Mr. Abhinav Sharma, learned Sr. Counsel, Mr. Sheikh Najeeb, Counsel appearing for the applicants, Mr. Rajesh Thapa, learned A.A.G. & Mr. F A Natnoo, Counsel for the official respondents and Mr. H A Siddique, counsel for proposed private respondents.
6. We have also gone through the order dated 09.06.2023 passed by the Srinagar Bench in Original Application No. 1 of 2022 and are in complete agreement with the said order
7. Accordingly, we direct the respondents that the seniority of the applicants in Transferred Application No. 6528 of 2021 and Original Application No. 1080 of 2021 is required to be refixed as degree holder Junior Engineers from the date they acquired degree and they are required to be considered for promotion as Assistant Engineers prior to 2015 degree holder Junior Engineers.
The order impugned in this Original Application dated 08.06.2021 whereby and whereunder 2015 batch were promoted shall not be given effect to and in so far as degree holder engineers who have filed two Original Applications bearing No. 378 of 2023 and 1432 of 2023 staking their claim for promotion as Assistant Engineers in promotion quota for whom the vacancies are lying vacant from 2022 and the Government had moved this Tribunal to get the interim order vacated in the Original Applications by filing a Miscellaneous Application whereby it was submitted that the Government intends to promote the applicants in Original Application No. 378 of 2023 and 1432 of 2023 on 60% quota, but because of non vacation of interim order dated 30.11.2021, it could not be done.
In the meanwhile, the Government proceeded ahead to exhaust 20 % quota for degree holders for direct recruitment as Assistant Engineers, therefore, selection process conducted by the PSC, which process came to be challenged by the applicants in Original Application No. 378 of 2023 and 1432 of 2023 on the grounds that their vacancies from their 60% promotional quota are lying vacant prior to the accrual of vacancies under 20% quota for direct recruitment which were referred to PSC by the Government and this Tribunal allowed the PSC to proceed ahead with the selection of AE under 20% promotion quota but not finalize the selection process with prior approval of the Tribunal. 8. In order to give quitus to this entire litigation, the respondents are directed to undertake the following exercise:-
(a) PSC is directed to declare the result of the selected candidates for the post of Assistant Engineers under 20% direct recruitment quota.
After concluding the selection process, the PSC shall make recommendation of selected candidates to government as per rules.
(b) The Government is directed to appoint the proposed selectees as AEs in 20% quota and complete the process of promotion and promote the applicants in O.A. No. 1080 of 2021, T.A. No. 6528 of 2021, O.A. No. 378 of 2023 and O.A. No. 1432 of 2023 on in charge basis as Assistant Engineers in their 60% quota prior to the appointment of private respondents (direct recruits under 20% quota), however, subject to their eligibility and seniority.
(c) Thereafter, the Government shall decide the inter se seniority of the applicants in O.A. No. 378 of 2023 and O.A. No. 1432 of 2023 and direct recruits strictly in accordance with Rule 11 of J&K Engineering Gazetted Rules, 1978 read with Rule 24 of the J&K CCA Rules, 1956.
9. This exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order. 10. Interim orders in all OAs/TAs are hereby vacated. 11. With the above direction, the Transferred Application No. 6528 of 2021, Original Application No. 1080 of 2021, Original Application No. 378 of 2023 and Original Application No. 1432 of 2023 are disposed of.
12. All the pending M.As are also disposed of.
13. Let a copy of this order be placed in Original Application No. 1080 of 2021, Original Application No. 378 of 2023 and Original Application No. 1432 of 2023.
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