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LPA against order of Writ Court regarding promotion from JE to AE

JAMMU, jan. 10: In a LPA filed against the order of Writ Court whereby Writ Court respondents to seek clearance from PSC/DPC at the level when the petitioners and the respondent Nos. 3 to 6 were promoted as Assistant Engineers and to reframe the seniority list of the petitioners and the respondent Nos. 3 to 6, in accordance with law and the rules governing the field.

 

A Division Bench of State High Court Comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma after hearing Sr. Adv Sunil Sethi with Adv Paras Gupta for the appellants, observed that having gone through the facts and circumstances of the present case and the judgment and order impugned, Division Bench is  of the opinion that the Writ Court did not at actually address all the issues placed by the appellants/petitioners before the Writ Court, in its correct perspective and the petition was disposed of with a general direction without determining the issue as to whether the placement of respondent Nos. 3 to 6 over and above the petitioners/appellants herein was correctly done in terms of the impugned Government Order No. 242-PW(Hyd.) of 2018 dated 27.06.2018 or not. The petition was also disposed of without issuing notice to the respondents post-admission and without there being any response from the contesting respondents, including the State.

DB feel that the order impugned dated 19.07.2018 is not sustainable, set-aside the same and directed that the matter shall be re-heard by the Writ Court at the post-admission stage, after allowing the parties an opportunity to complete the pleadings. 

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