RAMAN KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition has been filed for issuance of a writ of Certiorari for quashing letter No: PWD (R&B)Jl/37 -2000/JE dated: 07 -06 -2000 whereby no objection certificate has been issued in favour of respondent No. 4 for his permanent absorption in the Estates Department. The petitioners further seek a direction that in case of permanent absorption is contemplated, then other eligible persons be also considered for such absorption in the Estates Department as per seniority.

(2.) THE main submissions made in the writ petition are that the petitioners are Junior Engineers (Civil), working in Public Works Department and are presently posted in Estates Department, except petitioner No. 5, who is posted in Vigilance Organisation. It is further submitted that all the petitioners are senior to respondent No. 4 who figures at S. No. 686 in the seniority list of 1997. It is also submitted and petitioner No. 5 has been on deputation in the Estates Department that there is no post of Junior Assistant in the Estates Department and services of Engineers are taken on deputation form Public Works Department as per Schedule II of Jammu and Kashmir Estates (Subordinate) Service Recruitment Rules, 1997. It is also submitted that petitioners 1 to 4 are presently on deputation in the Estates Department on earlier occasions. Respondent No. 4, who belongs to Public Works Department, is governed by the rules of Public Works Department and under the rules seniority is the relevant consideration for promotion to the post of Assistant Engineer. In order to steal a march over the petitioners and manage out of turn promotion, respondent No. 4 filed an application on 28th April, 2000, seeking his permanent absorption in the Estates Department and consequent promotion as Assistant Engineer, in abject disregard of the Rules, which do not permit permanent absorption or promotion as Assistant Engineer in Estates Department because there is no cadre post of Junior Engineer or Assistant Engineer in the Estates Department. Respondent No. 1 accorded no objection to the permanent absorption of respondent No. 4 in the Estates Department vide letter dated 7th June, 2000. This letter of "no objectionâ„¢ is asserted to have been issued in violation of the principles of natural justice and without considering all other eligible persons for absorption, therefore, it is prayed to be quashed in the present writ petition. The stand taken and submissions made by the respondents in their counter affidavit are that the petitioners do not have any right to ask for permanent absorption in the Estates Department and, since no rights of the petitioners have been infringed, as such, the writ petition is not maintainable. It is further submitted that the State Government vide Order No. 1452 -GAD of 2000 dated: 12 -12 -2000 has accorded sanction for shifting of lien of respondent No. 4 in the office of Executive Engineer, Estates, Jammu and, as such, respondent No. 4 does not belong to the Public Works Department. On these grounds it is submitted that the writ petition be dismissed.

(3.) HEARD learned counsel for the parties and considered their lucid submissions made.