Jammu, June 15: J&K Public Works (R&B) Department on Tuesday rejected the case of more than 20 Junior Engineers, who obtained their degrees from AMICE Ludhiana, for their inclusion in the seniority list of degree holders and subsequent promotion to the next higher post.
“In compliance to the judgment of the Central Administrative Tribunal (CAT), the case of the petitioners for their inclusion in the seniority list of degree holders and subsequent promotion to the next higher post has been found devoid of merit,” read an order number 199-PW(R&B) issued by the Shailendra Kumar, the Principal Secretary to the Government.
“The department vide Government Order No 148-PW(R&B) of 2021 dated April 19,2021 considered placement of 100 Junior Engineers (Civil) degree holders as In-charge Assistant Engineers (Civil) who included more than 20 Junior Engineers who have obtained their degrees from AMICE Ludhiana. Aggrieved of the said Government order, Mohammad Shafi Khan & Others approached the High Court through the medium of WP(C) No. 97/2020 CM NO. 139/2020. It was listed on January 22, 2021. Upon considerations of the matter the Court passed an order directing the respondents (PWD) to consider the case of petitioners for their inclusion in the List of Junior Engineers (Degree Holders) and placing them at appropriate place in seniority list and their promotion at par with similarly situated persons, provided petitioners are eligible under rules,” the order read.
As per the order, upon establishment of the Central Administrative Tribunal (CAT), the writ petition was transferred by the High Court to the CAT. On April 28, 2021, on consideration of the matter the CAT passed an order in the case. The CAT directed the respondents (PWD) to consider the case of petitioners if they were eligible under rules “within a period of two months” from the date of receipt of copy of its order under intimation to them.
“It is made clear that we have not expressed any opinion on the merits of the case…,” CAT held.
As per the order, the PWD approached AICTE also in order to get clarification on the subject matter and resolve the issue. AICTE, in its response, said that in its 52nd emergent council meeting held on August 3, 2017 recognized the courses conducted by the professional bodies /institutions in accordance with MHRD OM No 11-15/2011-AR(TS.II) dated 06.12.2012 for equivalence for all purposes including higher education and employment which were duly recognized by MHRD with permanent recognition up to 31.05.2013.
“The Junior Engineers placed as In-charge Assistant Engineers having obtained their degrees from AICTE Ludhiana were found on the rolls of the institution before the cut off date i.e., May 31, 2013. After examination of the case it has been found that the degrees of the petitioners are yet to be accepted by the department and therefore they have not been included in the seniority list of the degree holders. Once the qualifications obtained by the petitioners from the Ludhiana institute are accepted by the department, the petitioners shall be assigned the inter-se seniority at appropriate place(s) in the relevant seniority list,” the PWD order read.
It further said that the department considered the placement of Junior Engineers as in-charge Assistant Engineers up to the S No. 934 of the seniority list of Junior Engineers (Civil) degree holders batch 2012. “No Junior Engineer who has acquired qualification after the cut off date has been considered to the next higher post rendering the petitioners dissimilar with that of the Junior Engineers considered to the next higher post. However, the petitioners/applicants will be considered to the next higher post strictly as per their seniority position in the seniority list to be assigned after the AICTE recognizes the qualification obtained by the petitioners from the Ludhiana Institute and of course subject to availability of the vacancies,” the order read.