KULDEEP KUMAR AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The dispute in this petition relates to the promotions of Assistant Engineers in P.H.E. Irrigation and Flood Control Departments. The post of Assistant Engineer is a Gazetted post in the Engineering Service of the State Recruitment to engineering Gazetted service is regulated by J & K Engineer (Gazetted Service) Rules 1978, (hereinafter Rules of 1978), framed under section 124 of the Constitution of J & K, amended by SRO No. 209 dated 4-9-1992. The appointments to the service under Rule 5 (2) of the Rules of 1978 can be made by direct recruitment, by promotion, selection and partly by direct recruitment and partly by promotion, in the manner and ration as indicated against each post in the schedule. For the post of Assistant Engineer, the schedule provides three sources for appointment and their respective quota as follows:-

(2.) Pursuant to the directions of the Supreme Court the State Government appointed a High Power Committee, which submitted its report to the Government. The Government considered the report of the committee and issued Govt. order No. 107-GAD of 2002 dated 16-1-2002 and thereby ordered that the guidelines contained in annexure to the order shall be strictly followed for proper cadre management of all the Gazetted and Non-Gazetted service. Para (1) of the annexure of this order, which is the subject matter of dispute in this writ petition, reads as under:-

(3.) The grievance of the petitioners is with regard to aforesaid para of the guidelines. The petitioners are degree holder Junior Engineers. Their case is that from the aforesaid para of Govt. order No. 107-GAD it is evident that the Government is going to make promotions to the posts of Assistant Engineer by following the rule that a vacancy falling vacant by retirement or promotion of an Assistant Engineer is filled up by promotion of a Junior Engineer of that category out of which such Assistant Engineer had been appointed, meaning thereby that if the Assistant Engineer whose post has fallen vacant had been appointed against quota of a degree holder Junior Engineers it shall be filled up by giving promotion to a degree holder Junior Engineer and if such Assistant Engineer had been appointed against quota of diploma holder Junior Engineer then it would be filled up by diploma holder Junior Engineer.