An employee cannot be demoted without being given an opportunity to be heard, violating principles of natural justice.

ORDER

Per: Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 119/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as TA No. 8349/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer: -

a) Directions in the nature of writ of Certiorari, quashing the impugned order i.e. Govt. Order No.13-PW (R&B) of 2016 dated 22-01-2016 by virtue of which the promotion/ placement of the petitioner as I/C Asstt. Engineer has been deemed to be void ab-initio and has been rescinded.

b) Directions in the nature of writ of mandamous directing the respondent No.1 to allow the petitioner to continue to hold the post of Asstt. Engineer to which he was promoted vide Govt. order No. 31-PW (R&B) of 2015 dated 01-12-2015 and is working on date the said post and pay him the salary and emolument extra ás I/C Asstt. Engineer.

c) Any other writ, order or direction which Your Lordship may deem just and proper in the facts and circumstances of the case may also be issued in favor of the Petitioner and against the Respondents.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows: -

a) Vide Govt. Order No.148-PW (R&B) of 2007 dated 16.04.2007 the applicant has been appointed as Junior Engineer (Grade-II) in the pay scale of Rs.4500-7000 (Pre-Revised) in Hydraulic Wing of Public Works Department. The applicant was appointed as Junior Engineer on the basis of diploma obtained in Civil Engineering. When he applied for the post of Junior Engineer, he was already pursuing his B.E Degree (Civil) from Kashmir University w.e.f. Session 2005-06 and after joining the service, he obtained the said B.E (Civil) Degree on 29.12.2009 after availing extra ordinary leave and with due permission from the competent authority.

b) Vide Govt. Order No.324-PW (Hyd) of 2011 dated 29.08.2011 issued by Commissioner/Secretary to Govt., PHE/I&FC Department, the Wings of 08 Junior Engineers (Diploma Holders) were changed including the applicant whose Wing was changed from Hydraulic to R&B and it is stated that these Junior Engineers (Civil) will be placed/fixed at the bottom of the seniority list of Junior Engineers (Degree Holders) by the respective Department.

c) Vide Govt. Order No.316-PW (R&B) of 2013 dated 13.09.2013 the applicant has been treated as Degree Holder w.e.f. acquiring the qualification of B.E (Civil) Degree i.e. 29.12.2009 and it is reflected in the order that the Diploma Holder Junior Engineers (Civil) shall henceforth be treated as Degree Holders from the dates indicated and they shall be assigned seniority amongst the Junior Engineers (Civil) Degree Holders at appropriate place as and when the same is notified.

d) By virtue of order dated 03.01.2024 a corrigendum to Govt. Order No.324-PW (Hyd) of 2011 dated 29.08.2011 was issued whereby it is provided that “the seniority list of Junior Engineer (Civil) will be placed/fixed at the bottom of the seniority list of Junior Engineers (Degree Holder) of his/her respective batch by the concerned Departments” instead of “the seniority of these Junior Engineers (Civil) will be placed/ fixed at the bottom of the seniority list of Junior Engineers (Degree Holders) by the respective Departments” issued under Endorsement No.PW/Coord/ Hyd/10/2010 dated 04.12.2013.

e) Vide Govt. Orders Nos.362-PW (R&B) of 2014 dated 14.08.2014 and 409-PW (R&B) of 2014 dated 29.09.2014 issued by the respondent, 49 and 23 Junior Engineers (Civil)- Degree Holders respectively w