SANJAY KUMAR RATHORE Vs. STATE AND ORS.

JUDGEMENT

(1.) PETITIONER -Sanjay Kumar Rathore, Junior Environmental Engineer in the State Pollution Control Board has questioned Respondent Nos. 6 to 10 s promotion as Assistant Environmental Engineer, ordered vide Jammu and Kashmir State Pollution Control Board's Order No. 89 -SPCB of 2010 dated 06.04.2010 by his Writ Petition moving Motion for stay of the Respondents promotion during the pendency of the Writ Petition.

(2.) ON the Writ Petition and Civil Miscellaneous Petition coming up for consideration, an interim order was passed by this Court, which reads thus:

(3.) THE Respondents have filed a Miscellaneous Petition too seeking vacation of the interim order. According to the Petitioner, being a Degree Holder in Engineering, he was entitled to consideration for promotion against 60% of the promotional posts, which, in terms of the Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978, was available only to those Junior Engineers who possessed Bachelor of Engineering Degree and the Board had acted illegally in according promotion to the Respondents using the quota of posts reserved for Assistant Engineers with Bachelor of Engineering Degree.