Research › Search › Judgment

J&K High Court · body

2016 DIGILAW 647 (JK)

Nasib Singh v. State of J&K

2016-12-08

RAMALINGAM SUDHAKAR

body2016
JUDGMENT : 1. The writ petitions have been filed in the year 2014. 2. Two writ petitioners claiming to be belonging to the SC/ST community having initially appointed as Junior Engineer in Power Development Department and thereafter by efflux of time, they were placed as I/c Executive Engineer prior to respondent Nos. 2 and 3. On placement of petitioner No.1 as Incharge Executive Engineer by Government order No. 207-PDD of 2006 dated 14.11.2006, similar order was passed in favour of petitioner No. 2 vide Government order No. 108-PDD of 2007 dated 20.04.2007. 3. Pleading that the petitioners are senior to the private respondents, the dispute that is placed is that the private respondents being junior to them are sought to be given the benefits of Incharge Chief Engineer overlooking the claim of the two petitioners. In this view of the matter, the writ petition No. 221/2014 has been made for the following relief : (i) “directing the respondent/State to make regularization to the post of Assistant Executive Engineer, Executive Engineer & the Superintending Engineer in accordance with the Rules and also fix the seniority of the petitioners in the cadre of the said posts of Assistance Executive Engineer and Executive Engineer strictly in accordance with the Jammu & Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 against the quota posts reserved for the scheduled tribe/scheduled caste categories in the Executive Engineer cadre and pending such regularization the respondent/State may kindly be directed to give placement to the petitioners as I/c Chief Engineer keeping in view their placement as I/c Superintending Engineer; (ii) a writ of prohibition the respondent No.1 from giving placement to the respondent Nos. 2 & 3 as Incharge Chief Engineer prior to the petitioners.” 4. Second relief for prohibition becomes academic in view of the subsequent order dated 24.04.2014 whereby Principal Secretary to Government, Power Development Department by his proceedings has appointed Som Ram Sharma and Harmohan Singh as I/c Chief Engineers with condition that it will not give any right to the promotion and it is subject to the outcome of writ petition. It is now stated by the learned counsel for the petitioners that Harmohan Singh has retied on 30.04.2014. 5. It is now stated by the learned counsel for the petitioners that Harmohan Singh has retied on 30.04.2014. 5. In view of the subsequent event of appointing Incharge Chief Engineer the second writ petition No. 1193/2014 has been filed for following relief : “(a) Issue directions in the nature of writ of certiorari quashing the order impugned issued by the respondent No. 1 i.e. Govt. order No. 110-PDD of 2014, dated 24.04.2014 thereby quashing the placement of the respondent No. 2 as I/c chief engineer. (b) Issue further directions in the nature of writ of mandamus directing the respondent NO. 1 to give I/c placement to the petitioners as I/c Chief Engineers against the said two posts of the department against which the respondent NO.2 has been given placement and the second post which has fallen vacant due to retirement of second person namely Harmohan Singh on 30.04.2014.” 6. The grievance of the petitioners is that if their claim for promotion to the post of Executive Engineer and Superintending Engineer is made in accordance with the Rules and based on the seniority and in the light of the Jammu & Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 taking into consideration the right qua reserved category then the grievance would be addressed. 7. Rightly so, the petitioners cannot be kept languishing for regularization unless there is something in law which prohibits regularization of these officers in a manner known to law. Learned counsel for the petitioner states that though no recorded representation has been placed before this Court, he would state that the petitioner were approaching the authorities for redressal of their grievance and if controversy relating to regularization as claimed by the petitioner is resolved, then it will give quietus to the entire litigation. It is also desirable that the Government should keep in mind that continuing officers as Incharge even up to the senior levels may not be in the interest of good administration. 8. Heard learned counsel for the petitioner as also the counsel representing the respondents who states that if no decision has been taken so far, 1st respondent will take a decision in this matter as may be directed by this Court. 9. 8. Heard learned counsel for the petitioner as also the counsel representing the respondents who states that if no decision has been taken so far, 1st respondent will take a decision in this matter as may be directed by this Court. 9. It appears that if the matter pertaining to regularization is considered and disposed of 1st by respondent expeditiously, alternative relief as sought for in SWP No. 1193/2014 will come to rest as the grievance would stand redressed. If decision on regularization is taken then appropriate posting of petitioner should also be considered by way of promotion viz-a-viz private respondents. 10. The Court hastens to add that the rights of the parties should not be disturbed or affected without giving them an opportunity because it will lead to further litigation purely on the ground of principles of natural justice. Keeping that in mind, this Court is inclined to direct 1st respondent to take up the issue and the claim made by the petitioners for regularization in terms of prayers made in SWP No. 221/2014 within a period of twelve weeks from the date of receipt of copy of this order and thereafter pass appropriate orders on posting insofar as claim of petitioner as well as private respondents is concerned or such all those eligible persons to the said post. 11. With these observations two writ petitions are disposed of. Petitioners are permitted to submit representation along with relevant documents and same shall be considered by the respondents.