SUDERSHAN SHARMA Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) In this petition, the petitioner has inter alia prayed for a direction to the respondents to promote him to the post of Junior Engineer (Civil) against one of the four vacancies of the Junior Engineer (Civil) lying vacant in the Estates Division, Jammu.

(2.) Briefly stated, the facts of the case as narrated in the writ petition are that the petitioner is a three year diploma holder in Civil Engineering from State Board of Technical Education. It is submitted that he was initially appointed in the J&K Estates Department as Pump Operator in the year 1996 and was subsequently promoted as Work Supervisor in the year 2007. It is claimed by the petitioner that at the time of his recruitment in the Estates Department, he was holding the post of Work Supervisor and was subsequently deputed by the Estates Department to undergo three year diploma course in Civil Engineering which he successfully completed in the year 2005. It is submitted that even after acquiring three years diploma in Civil Engineering, the petitioner, as per the J&K Estates (Subordinate) Service Recruitment Rules 1997 (herein after referred to as Rules of 1997), was not entitled to the promotion to the post of Junior Engineer as statutory Recruitment Rules provide the filling up the post of Junior Engineer only by way of deputation from the J&K Engineering Subordinate Services. Aggrieved, the petitioner claims that he approached this Court through the medium of SWP No.1532/2012 which was allowed and a direction was issued to the respondents, i.e. Estates Department to take steps for amendment of the Rules of 1997 to provide the promotional avenues to the petitioner. The operative portion of the judgment (supra), i.e. paragraph 6 needs to be reproduced hereunder:

(3.) It is further submitted that the judgment dated 30.07.2013 was complied with and no steps were taken by the respondents for amendment of the Rules of 1997, as such, the petitioner filed the contempt petition in this Court. During the pendency of the contempt petition, it is stated, respondent No.1 came up with the Government Order No.12-Est of 2016 dated 17.02.2016 whereby the Rules of 1997 were amended to the extent of providing chances of promotion by way of adopting the following method of recruitment in respect of Junior Engineer (Civil): <FRM>JUDGEMENT_94_LAWS(J&K)8_2018_1.html</FRM>