B M GANDOTRA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a petition under Section 103 of the Constitution of Jammu and Kashmir for a writ of Certiorari quashing Government order Nos. P.W. 739 -WIP of 1968, dated 20 -11 -1968, 500 WIP of 1670 dated 17 -12 -1970, 968 WIP of 1970 dated 17 -12 1970, 123 WIP of 1971 dated 12 -2 -1971, 1035 WIP ofl971 dated 5 -10 -1971, G. 1036 -WIP of 1971 dated 5 -10 -1971, and G. 335 -WIP of 1972 dated 11 -5 -1972 and or for other appropriate writs or directions.

(2.) THE case of the petitioners who are permanent residents of the State and the first fourteen (14) of whom are graduates in Civil Engineering from recognized institutions in India and the fifteenth (15) is an A. M IE (Associate member of the Institute of Engineering) is that they were appointed as Technical Assistants by the State Government on various dates beginning from 12 -7 -1967 to, 5 -8 -1967, that respondent Nos 4 to 36 who are also graduates in Civil Engineering were apprentice as Appointed Engineers (temporary) on 20 -11 -1968 and were subsequently appointed as regular Assistant Engineers from 30 -10 -1970 to 5 -10 -1971, that respondent Nos 37 to 79 who are also Bachelors in Engineering were appointed as Apprentice Assistant Engineers on 5 -10 -1971 and were subsequently appointed as regular Assistant Engineers on 11 -5 -1972, that they i.e. the petitioners were not considered for promotion as Assistant Engineers though they had by the dates sanctions were accorded to the appointments of respondents 3 to 79 as Regular Assistant Engineers become fully qualified and eligible to be promoted as Assistant Engineers according to Council Order No. 1328 -C of 1939 as amended by SRO 35 of 1961 dated 18 -9 -1961, which fixed the proportion of 3:1 for appointment of Assistant Engineers by direct recruitment and by transfer respectively, that even under The Jammu and Kashmir Engineering (gazetted) Service Recruitment Rules, 1970, issued vide works and Power Department Notification SRO 492 dated 12 -10 -1970, which also prescribed the ratio for direct recruitment and promotion, it was obligatory on the Government to promote at least first seven of them in the Financial year 1970 -71 and the remainder in the Financial year 1971 -72 that the appointment of Respondent No 3 to 79 as Assistant Engineers in violation of the aforesaid Council Order and the Rules is invalid, that though the petitioners have been appointed temporarily as Assistant Engineers vide Government Order No. PW 785 -WIP of 1972 dated 25 -8 -1972. they have been illegally deprived of the benefit earned by them and have not been given the positions of seniority due to them under the aforesaid Council Order and the Rules.

(3.) LEARNED counsel appearing for the petitioners have reiterated that petitioners Nos. 1 to 7 were eligible to be promoted in the Financial year 1971 -72 according to the aforesaid Council Order and the Rules, that as they have been illegally deprived of the right that had accrued to them the impugned orders are illegal and invalid and .cannot be sustained and that though the petitioners, have been promoted in August 1972 they have not been given their due ranking in seniority in the tentative seniority List prepared and circulated by the Public works Department of the Government on 5 -6 -1973. They have lastly urged that the petitioners shall feel satisfied if the Government is directed to assign them their places of seniority keeping in view the aforesaid Council Order and the Rules -