AB MATIN TAK Vs. STATE

JUDGEMENT

(1.) ALL these appeals two by private respondents and one ( LPASW No. 29/2006) by the State arise out of judgment dated 23.12.2005 passed in writ petition, SWP No. 1226/2005, and are disposed of by this order.

(2.) APPELLANTS in LPA No. 3/2006 and 19/2006 as also private respondents 2 to 4 were all working as Assistant Engineers in the Hydraulic Wing of PHE, Irrigation and Flood Control Department. While private respondents 2 to 4 came to be directly appointed as Assistant Engineers in 1979, private appellants in the two appeals aforesaid were promoted to the post of Assistant Engineers some time in 1985. These private respondents herein, admittedly, rank senior to the private appellants, (who belong to reserved category) in the re -designated category of Assistant Executive Engineers. Meanwhile private appellants were placed as in -charge Executive Engineers and so were private respondents 2 to 4 later and all these contenders are now working as in -charge Executive Engineers.

(3.) IT all seems to have started with a Communication No.PW/Hyd -G/170/2004 dated 25.8.2005 issued by Under Secretary to Government, PHE, Irrigation and Flood Control Department to the Chief Engineers of PHE, I&FC, RTIC & UEED, Jammu/Srinagar and The Managing Director, PDC, J&K, Kashmir, seeking information regarding the service particulars of ten Incharge Executive Engineers (Hydraulic Wing), named in the communication, has generated the present litigation, which, originating from SWP No. 1226/2005, has landed in this Court in three original side appeals, LPASW Nos. 3/2006, 19/2006 and 29/2006.