Srinagar: The J&K High Court has directed the state government to strictly adhere to rules while making temporary arrangements for the post of Executive Engineers (EEs) in different departments.
A single bench of Justice Ali Mohammad Magrey directed concerned authorities to make the in-charge arrangement in light of SRO 297 of 2006.
SRO 297 states that if at the time of consideration of promotion, eligible officers from the source of appointment are not available then the eligible officers from other source shall be taken on stopgap (something intended for temporary use until something better can be found) arrangement, which shall not have any preferential treatment for higher promotions based on such arrangement.
The aggrieved petitioners (J&K Civil Engineering Graduate Association) had submitted before court that the concerned authorities are not adhering to SRO 297 while according promotion to the post of EEs.
The petitioners submitted that they were degree holders holding the post of AEEs (civil) and seek consideration for promotion or adjustment against the available post of EEs (civil) in tune with the mandate of JK Engineering Services Recruitment Rules of 1978.
The petitioners rued that government was contemplating the promotions of AEEs as Executive Engineers “flouting all rules and regulations”.
The counsel for the petitioner’s stated that application of law has to be kept in mind before according promotions “but unfortunately no such schedule is being followed by the authorities”.
He said that that the government, instead of making the promotions/arrangement in tune with the mandate of the schedule appended to the SRO, were adhering to pick and choose policy.
Hearing the counsel the court said, “The case of interim relief has been made out and directed that while making promotions in-charge arrangement on the post in question schedule of the SRO shall be strictly adhered to.”
Court also made it clear that in case the officers from one source of appointment are not available, then, in such eventuality, the eligible officers from the other source of appointment shall be taken on stop gap arrangement, as is provided in the rules.
Court also issued notice to Commissioner Secretaries of R&B, PHE and I&FC departments as also notice to Secretary GAD for filing of their objections into the case.