1. Petitioner has prayed for issuance of a writ of mandamus command ing the respondents to consider his case and make promotion against the post of Executive Engineer (Electric) under OBC Category from the date of issuance of Govt. Order no. 237-PDD of 2010 dated 16.09.2010 (Annexure-"F") on the grounds taken in the writ peti tion. 2. Precisely the case of petitioner is that he belongs to OBC Category and is entitled to be promoted at Slot No. 10 in terms of reservation rules read with SRO 144 dated 28.05.2008 (Annexure-"C1"). Further it is contended that he is the only candidate who belongs to OBC Category. 3. It appears that petitioner had sought information while invoking the J&K Right to Information Act, which was provided to him (Annexure-"E"). It is apt to reproduce relevant portion of the information herein: "The Social Caste category has been included for appointment by pro motion in the Reservation Rules, 2005 issued vide SRO 294 dated 21.10.2005 read with SRO 144 dated 28.05.2008. It was found that none amongst the AEEs belonging to So cial Caste category was having the requisite qualification as pre scribed in the J&K Engineering (Gazetted) Service Recruitment Rules, 1992 read with SRO 297 dated 14.09.2006 for placement as Executive Engineer during the placement made after 21.10.2005. You submitted OBC category cer tificate on 24.02.2009 and became eligible for the post of Ex. Engineer on 11.01.2010. The Department had made 28 placements of I/C AEEs as I/C Executive Engineers in Janu ary, 2010. The roster for the vacan cies ranged between 63-99. The ros ter point for placement of OBC is available at 10. As and when the posts become available the eligible candidates including those of reserved categories will be consid ered and the roster will be operated from 100 onwards." 4. Accordingly petitioner is the only person who is entitled to be considered for promotion against the post of Execu tive Engineer (Electric) against OBC Category. 5. Respondents have filed reply and resisted the petition on the ground that there are two feeding cadres for making promotion to the post of Executive Engineer (Electric).
Accordingly petitioner is the only person who is entitled to be considered for promotion against the post of Execu tive Engineer (Electric) against OBC Category. 5. Respondents have filed reply and resisted the petition on the ground that there are two feeding cadres for making promotion to the post of Executive Engineer (Electric). It is apt to repro duce relevant portion of the reply herein: "As per J&K Engineer (Gazetted) Ser vice Recruitment Rules, 1992 read with SRO 29, 80% posts of Executive Engi neers have to be filled up amongst degree holder having 08 years gazet ted service and 4 years experience as ARE and 20% amongst diploma holder ABE having 10 years gazetted service and 4 years experience as AEE. Therefore, the criteria for filling up of the posts of Ex. Engineers ei ther on Incharge basis or for the regularization of Executive Engineers and for the maintenance of their inter-se-seniority the posts are earmarked and are being utilized in the following manner: a. Degree holder AEE. b. Degree holder AEE c. Degree holder AEE against 80% posts d. Degree holder AEE e. Diploma holder AEE against 20% posts." 6. In terms of the reply and the rules applicable, 80% promotions are to be made from amongst the degree holder against the post of Executive Engineer and 20% from diploma holder Assistant Executive Engineers. Thus while mak ing promotions 80% will go to degree holders and 20% to diploma holders. If this stand of the respondents is taken as correct, then 10th post will always fall in the lap of diploma holder Assistant Executive Engineers and the degree holders who belong to OBC Category will never get a chance of promotion under the said category as per J&K Reserva tion Rules read with SRO 144 dated 25.05.2008 and on the face of it is con trary to reservation rules and would defeat the purpose of making reserva tion for OBC. Perhaps the respondents have fallen in error. It appears that the respondents have to maintain separate rosters for both degree holders as well as diploma holders and then make pro motions from amongst the degree hold ers as well as diploma holder Assistant Executive Engineers in the ratio of 80% and 20% respectively. 7. In the given circumstances I deem it proper to admit the writ petition. Or dered accordingly. 8.
7. In the given circumstances I deem it proper to admit the writ petition. Or dered accordingly. 8. With the consensus of learned counsel for the parties, I dispose of the writ petition by directing the respon dents to consider the case of petitioner and make a decision as per the Jammu & Kashmir Engineering (Gazetted) Ser vice Recruitment Rules read with SRO 294 dated 21.10.2005 and SRO 144 dated 28.05.2008 while keeping in view the observation made hereinabove. Let consideration and decision be taken within a period of three months from the date a copy of the order is made available by the petitioner to the re spondents against proper receipt. 9. Disposed of along with all CMPs.