Amrish Kumar Dutta and ors @APPELLANT@Hash State of J&K and ors

Petitioners claim that they are Diploma Holder Junior Engineers (Electrical) serving as Junior Engineer Grade-II (Electrical) in the Power

Development Department of the State of Jammu and Kashmir and their services are governed by J&K Power Development Department

(Subordinate) Service Recruitment Rules, 1981, (for brevity “Recruitment Rules of 1981â€). As per Schedule-II “A†appended to the

Recruitment Rules of 1981, the Junior Engineer Grade-II possessing degree with five years continuous service is eligible to be promoted to the post of

Junior Engineer (Electrical) Grade-I and the Junior Engineer (Electrical) Grade-II possessing Diploma is entitled to be promoted if he has ten years

service to his credit. It is submitted that the petitioners have completed the requisite service of ten years in the years 1998, 2003, 2009 and 2011, and

despite the fact that the petitioners have completed ten years qualifying service, though on different dates, they have not been given promotion to the

post of Junior Engineer (Electrical) Grade-I.

The grievance projected by the petitioners is that despite the fact that they acquired the eligibility for being promoted to the post of Junior Engineer

(Electrical) Grade-I way back in the years 1998, 2003, 2009 and 2011 etc., their cases were not considered and they were not promoted as Junior

Engineer (Electrical) Grade-I. The petitioners claim that they have obtained information through an application under Right to Information Act, in

which the Public Information Officer of the department has indicated that as on 01.09.2005 as many as 122 posts of Junior Engineer (Electrical)

Grade-I were available with the department. Similarly, on 01.12.2006, number of posts of Junior Engineer (Electrical) Grade-I, available with the

department have been indicated as 245. It is also indicated in the information so received that as on 01.12.2007, 252 posts of Junior Engineer

(Electrical) Grade-I were available with the department. Furthermore, on 01.09.2008, 01.07.2009, 01.10.2010 and 01.01.2011, the posts of Junior

Engineer (Electrical) Grade-I available with the department were 265, 269, 293 and 293 respectively. In short, the submission made by learned counsel

for the petitioners is that despite there being number of posts available with the department and petitioners being eligible, the respondents did not

convene the Departmental Promotion Committee’s meeting and considered the cases of the petitioners for their placement as Junior Engineers

(Electrical) Grade-I, as a result whereof, they were deprived the promotion to the post of Junior Engineer (Electrical) Grade-I.

Learned counsel for the petitioner submits that the petitioners would feel satisfied, if this petition is disposed of, by directing respondent No.1 to

consider their cases for placement/promotion to the post of Junior Engineer (Electrical) Grade-I keeping in view their eligibility and the availability of

the posts from time to time ranging from 2005 to 2011 and the aforesaid respondent shall take a decision in the matter in a time bound manner.

Mr. C.M Koul, learned Sr. AAG, who is incidently present in the Court is also heard in the matter who submits that the respondents would not be

averse to consider the cases of the petitioners as per the rules applicable.

In view of the submissions made by learned counsel for the petitioners and the nature of relief claimed for, this petition is, admitted to hearing with

the consent of learned counsel for the parties and taken up for final consideration. Accordingly, same is disposed of, at its threshold, by directing

respondent No.1-Commissioner/Secretary, Power Development Department, J&K to consider the cases of the petitioners for their

placement/promotion as Junior Engineer (Electrical) Grade-I with effect from the dates, the posts of Junior Engineer (Electrical) Grade-I were

available with the department subject to the condition that petitioners were having requisite eligibility on such dates. Let this exercise of consideration

for placement/promotion be taken up and concluded by respondent No.1, within a period of two months from the date certified copy of this order along

with complete set of writ petition is made available to him. Needless to state that in case, petitioners are found entitled to for promotion to the posts of

Junior Engineer (Electrical) Grade-I from a particular date, the consequential benefits flowing from such placements, shall also be accorded to the

petitioners.

Disposed of as above along with connected IA.