The central legal point established is the entitlement of an employee to promotions and financial benefits from the dates his juniors were promoted, as per the relevant service recruitment rules, and the obligation of the respondents to fulfill such entitlements without arbitrary or unjust delays.

JUDGMENT :

TASHI RABSTAN, J.

1. The instant petition has been filed against the order dated 21.01.2022 passed by the Central Administrative Tribunal, Jammu Bench, Jammu in O.A. No. 61/190/2021, whereby the learned Tribunal, while allowing the O.A. has directed the respondents to release the arrears on account of entitlement to the financial benefits with effect from 01.01.1995 in favour of the petitioner within a period of three months from the date of receipt of the order. It was further directed that in case the payment is not released within the stipulated period, the same shall be payable along with interest @ 6% per annum.

2. The facts-in-brief, as gathered from the file, are that the petitioner being a matric pass was appointed as a Class IV employee (Chowkidar) on 02.07.1985 in the Department of Food, Civil Supplies & Consumer Affairs. After his appointment as such, he continued to discharge his duties on the same post on substantive basis, but was not granted even a single promotion in his entire service career of 36 years. It is averred that he was eligible to be promoted against the post of Junior Assistant/Junior Clerk/Storekeeper/Assistant Store Keeper/Depot Assistant. As per Jammu & Kashmir Food and Supplies (Subordinate) Service Recruitment Rules, 1972, 75% of the posts of Junior Clerks/Storekeeper etc. were required to be filled up by promotion from Class IV and 25% by direct recruitment. Accordingly, on the basis of seniority and qualification, 192 Class IV employees, who were recruited in 1986 or before, were notionally promoted as Junior Assistants/Salesmen-cum-Storekeepers with effect from 03.12.1993 vide Order No. 87-CAPD of 2009 dated 03.01.2009. They were given the effect of promotion notionally with effect from 03.12.1993, i.e. the date from which their counterparts in Kashmir Division were up-graded/promoted. However, as per Annexure “B” to the said order, 15 officials including the petitioner herein, who has been shown to have joined the services on 02.07.1985, were not cleared for up-gradation/promotion for want of certain codal requirements and it was stated that their names would be included at the appropriate place in the seniority list after issuance of their up-gradation/promotion orders. It is also the case of petitioner that otherwise too his services were being utilized as In-charge Storekeeper with effect from 1986.

3. As per the case set up by the petitioner, the Class-IV employees, who were far junior to the petitioner but promoted as Junior Assistants/Salesman, again vide Order No. 193-DFC S&CAJ of 2018 dated 09.08.2018 came to be promoted as Senior Assistants/Storekeepers in the higher pay scale retrospectively. However, the case of petitioner was not considered at all despite his being repeatedly representing the respondents. The respondents only vide Order No. 75-DCAPDJ of 2016 dated 19.03.2016 posted the petitioner as In-charge Storekeeper, Food Store Changa in his own pay and grade without any benefit of substantive promotion.

4. The further case of petitioner is that since he was not granted any substantive promotion, as such respondents decided to grant him in-situ promotion, as such vide Order No. 241-DFCS&CAJ of 2020 dated 20.10.2020 the respondents accorded him three in-situ promotions on completion of 9 years, 18 years and 27 years of service. These in-situ promotions were granted to the petitioner notionally only and monetary benefit was accorded to him only from the date of order, i.e. 20.10.2020. It is averred that the aforesaid approach adopted by the respondents was absolutely illegal and arbitrary as the petitioner was entitled to be promoted on substantive basis from the dates his juniors had been promoted.

5. When nothing happened even after filing of number of representations, the petitioner filed O.A. No. 61/190/2021 before the Central Administrative Tribunal, Jammu Bench, Jammu seeking the following reliefs:

(i) Direct the respondents to upgrade/promote the applicant as Juni