‘Dept likely to forward two names of AEs to PSC for confirmation as AEEs’
Kashmir Press Service
Srinagar: Despite red signal by the Supreme Court of India on the providing reservation in promotion in public sector jobs, the state Road and Building Department (R&B) is leaving no stone unturned to manipulate the order.
According to reports, the Commissioner Secretary Road and Building Department (R&B) department is trying to promote blue eyed persons by contemplating to move two names of Assistant Engineers namely Nazir-ud-din Khawaja and Abul Majeed Khan for confirmation to Assistant Executive Engineers (AEE) to Public Service Commission by denying benefit to at least one hundred five Assistant Engineers (AEs).
The final seniority list of AEEs was issued by PWDs and R&B department vide order no. 370-works of 2002 dated 23-06-2002 and so far seniority list of 640 AEs was issued in which 475 stands confirmed AEEs from PSC.
The recent development of forwarding two names to PSC speaking its self the volume of nepotism.
The officials at the department alleged that these two officials with their tactics have got the posts of Superintending Engineer.
These two officials have motivated higher ups with greasing their palm are expectedly to get confirmed from Public Service Commission as AEE.
The officials at the department said that this move is against the J&K High Court order where it held that there shall be no benefit of reservation in promotions in the state of Jammu and Kashmir and also struck down Section 6 of Jammu and Kashmir Reservation Act 2004, and Rules 9, 10 and 34 Jammu and Kashmir Reservation Rules 2005 as ultra vires.
The judgment has been passed in a bunch of petitions challenging the promotions of AE to AEE and AEE to XENs. The Division Bench after hearing battery of lawyers, struck down the section 6 of Reservation 2004 which authorizes the State Govt for providing reservation in promotion by framing rules.
The Division Bench comprising Justice Hasnain Massodi and Justice Janak Raj Kotwal further observed that petitioners are members of J&K Engineering (Gazetted) Service Hydraulic Wing, J&K Law Officer (Subordinate) Service, J&K Engineering (Gazetted) Service, J&K Animal Husbandry (Gazetted) Service.
They are aggrieved of different Government orders, whereby private respondents in writ petitions, though junior to them, have been promoted to next higher level ahead of them under Reservation Act and Rules, and thereby allowed to steal march over them.
It is pertinent to mention here that the Supreme Court also turned down an appeal to reconsider its own earlier order that had rejected the idea of reservations for Scheduled Castes (SCs) or Scheduled Tribes (STs) in job promotions.
The SC essentially upheld its 2006 order that had said that it was not mandatory for the government to give reservations in promotions in public sector jobs.
However, the court overturned one aspect of the 2006 order that had put a condition for the government to follow in case it wished to provide reservation in jobs.
The Supreme Court held that states need not collect quantifiable data on the backwardness of SCs and STs for giving quota in job promotions. The 2006 order had made it mandatory for states to collect this data in case they wished to give reservations in job promotions.
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