- (1.) THE grievance of the petitioners is that they are not being promoted to the post of Assistant Engineers and Executive Engineers, since it is alleged against them that they do not possess Technical qualification. Before adverting to this question, let some facts of the case be recorded.
(2.) BY virtue of Govt. Order No. 126 HUD -LSG of 1980 dated 25.2.1980 and G.O. No. 76 HUD/LSG of 1981 dated 2 -2 -1981, the petitioners were appointed Sectional Officers in the pay scale of Rs.450 -700. Thereafter relaxation of qualification bar order in respect of un -qualified sectional officers of Local Bodies/Department J&K was issued vide Government order No. 80 HUD/LSG of 1982 dated 12 -2 -1982, treating such persons at par with qualified persons. It is also recorded in this order that this order was passed keeping in view the practical experience gained by the un -qualified sectional officers like the petitioners. It is also stated that the inter -se seniority of such promoted persons will be at par with qualified Sectional Officers and has been acted -upon.
(3.) THEREAFTER , Government Order No. PW -972 of 1987 dated 29 -10 -1987 records against Item -4 that all Selection Scale Sectional Officers (1900 -3200 - revised) shall be designated as Junior Engineers Grade I and all other Sectional Officers (1300 -2550 revised) shall be re -designated as Junior Engineers Grade II. Government Order No. 1 -PW of 1993 dated 1 -1 -1993 refers to the creating of two Grades of Junior Engineers Grade II pertaining to those, who had three -years Diploma Course and Grade II of those holding two -years Diploma Course. The claim of the petitioners that they are entitled to Grade I and then promotion to Assistant Executive Engineers and Executive Engineers. The claim is based on the ground that when once the qualification relaxation is extended to them and they are placed at par with qualified persons, they are entitled to future promotions as a matter of course like other persons in the Department. Since there is no opposition to this claim nor it has been decided by the State Government despite representation by the petitioners, there is no reason why this claim be not accepted. Even otherwise, it appears that when the petitioners have been placed at par with qualified persons after according relaxation in their cases, there is no reason why they should be deprived of the benefit for future promotions. Apart from this, learned counsel for the petitioners has placed number of Government Orders in respect of the contention that many persons, who were similar to the petitioners, have since been promoted to the higher rank. Consequently, this petition is allowed. The respondents are directed to consider the petitioners for further promotions in the Department taking them as qualified after Government Order No. 80 -HUD/LSJ of 1982 dated 12 -2 -1982 (Annexure P -3).;