HC directs to consider claim of I/C AEEs for making Incharge arrangement


JAMMU, Nov 12: The High Court of Jammu & Kashmir at Jammu bench comprising of Justice Dhiraj Singh Thakur has directed the respondents who include Pr. Secretary to Government PWD, Commissioner/ Secretary to Government PWD and commissioner/ Secretary to Government GAD that in case the respondents propose to make any temporary arrangement for deputing junior Engineers, who are working as Assistant Engineers on incharge Basis or working against the post of Assistant Executive Engineer on incharge Basis, the claim of the petitioners be also considered under the degree holders quota along with other eligibles considering their merit, eligibility and seniority in accordance with the rules.
This direction was issued by the High Court in a writ petition filed by: Harvinder Singh, Ashwani Kumar, Sunil Singh Bagal, Sumir Sharma, Sanjeev Sharma, Rakesh Gupta, Nitin Mahajan Through Advocate Amit Gupta.
The counsel for petitioner Mr. Amit Gupta submitted before the Court that the petitioners are degree holders who were appointed as Junior Engineers under the Direct Recruitment Quota. They were further made incharge Assistant Engineers vide order dated 31.12.2013.
The Advocate for the petitioners further submitted that without conforming the incharge arrangements made vide aforementioned order and without making a substantive promotions to the post of Assistant Engineers, the respondents proposes to make further incharge arrangements for the post of Assistant Executive Engineers.
It was submitted that the respondents may make further arrangements in incharge basis ignoring the merit of petitioners and therefore petitioner be also considered in case any such exercises undertaken.
After hearing the submissions of the Advocate Mr. Amit Gupta the High Court issued notice to respondents which was waived by Mr. W.S. Nargal, Sr. AAG vice Mr. H.A. Siddiqui, Sr. AAG. The Court also issued interims directions to consider the petitioners.
Rules in that regard have been invoked in the Jammu and Kashmir engineering (Gazetted) Service Recruitment Rules, 1978. Which inter-alia envisage a quota of 80 percent for promotion for degree holders and 20 percent for diploma holders.

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