Jammu, Nov 21: In O.A./1233/2024 (JAMMU) titled ZAHOOR AHMED Vs PUBLIC WORK DEPARTMENT R AND B after hearing CAT ordered as under:-
1. M.A. No. 1266 of 2024 filed by the applicants under Section 19 of the Administrative Tribunal Act, 1985 seeking permission of this Tribunal to jointly pursue this O.A., is allowed for the reasons stated therein.
2. The grievance of the applicants in this O.A. is with regard to the anomaly in the pay grade of the Jr. Engineers and non filling of 20% quota reserved for Diploma holder, Jr. Engineers despite availability of 104 posts of Assistant Engineers out of 146 posts earmarked for Diploma holder, Jr. Engineers.
According to the learned Sr. counsel, Respondent contemplate to make Incharge promotions of Degree holder, Jr. Engineers to the post of Assistant Engineers despite their quota of promotion to the post of Assistant Engineers stands already exceeded.
3. Learned Sr. Counsel has taken us through the judgment of the Hon'ble Supreme Court in the case of 'Suraj Parkash Gupta and others Vs. State of J&K and others 2000 (3) Supreme 637' and submitted that strict conformity is required with the recruitment rules for promotion of Diploma holder, Jr. Engineers and Degree holder, Jr. Engineers in their respective quota, earmarked for the post of Assistant Engineers (Civil). According to the learned Sr. counsel, the requirement of following quota for each year was not respected in respect of the Diploma holder, Jr. Engineers which has caused prejudice to them for their future promotions as the Degree holder, Jr. Engineers, if promoted will occupy the promotional posts, earmarked for Diploma holder, Jr. Engineers.
4. Issue notice to Respondent returnable within four weeks time.
5. The requisites for the same within one week.
6. List on 23.12.2024.
7. Meanwhile, subject to objections from the other side and till the next date of hearing before the bench, Respondent is directed not to promote the Degree holder, Jr. Engineers to the post of Assistant Engineers (Civil) from their quota of 60% until the post of Assistant Engineers lying vacant in 20% quota reserved for Diploma holder, Jr. Engineers are filled up
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