CAT stays promotion of I/C AEE

09/11/2021

Jammu, Nov 8: The Judicial Member of Central Administrative Tribunal Rakesh Sagar Jain after hearing after hearing Sr. Adv Abhinav Sharma assis-ted by Advocate Abhima-nyu Sharma stayed the Government order no. 155-JK (JSD) of 2021 where by Govt private respondents who have been promoted as Incharge Assistant Executive Engineers (Civil).
During the course of hearing Sr. Adv Abhinav Sharma submitted that the applicants being aggrieved of the fact that the case of the applicants for their promotion as AEE (Civil) was rejected by virtue of Govt. Order No. 125-JK (JSD) of 2021 dated 11.06.2021 and further aggrieved of Govt. Order No. 127-JK (JSD) of 2021 dated 14.06.2021, whereby and whereunder sanction was accorded to the placement of proforma respondents are Incharge Assistant Executive Engineer even when most of them were junior to the applicants and further aggrieved of the sanction accorded to the placement of the Incharge Assistant Engineers to the post of Incharge Assistant Executive Engineer despite the fact they being junior to the applicants, the applicants approached the Tribunal challenging the aforesaid orders by filing an Original Application bearing OA no. 61/1045/2021 titled "Rajesh Kumar Jain V/s UT of J&K & ors". That the matter was heard by the Hon'ble Tribunal and the Tribunal vide order dated 22.7.2021 was pleased enough to pass the following directions that "Till then the respondents will not make any promotions to the post of Assistant Executive Engineer (A.E.E) in the concerned respondent department".
The Tribunal by virtue of the interim order dated 22.7.2021 directed the respondents not to make any promotions to the post of Assistant Executive Engineers, yet the respondents in violation of the same passed another order bearing Govt. order No. 155-JK(JSD) of 2021 dated 03.08.2021 which is impugned herein, therefore, aggrieved of the order impugned the applicants are again constrained to approach this Tribunal seeking quashment of the same on the following grounds amongst others.

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