ORDER

Per: Dinesh Sharma, Member (A):

In this OA, which was allowed to be amended later, the applicant has prayed for the following reliefs:

i) By issuing an appropriate order or direction the impugned order dated 10.12.2008 be quashed and set aside and the respondents be directed to give promotion to the applicant on the post of Production Executive by preparing the eligibility list on the basis of seniority being prepared on the basis of entry into the srevice and not by any ratio between Transmission Executives and Production Assistants as directed by the Central Administrative Tribunal in its judgment dated 07.07.2003 and 22.08.2003 passed in OA No.420/97 from the date person junior to him like K.B.Joshi or K.K.Bohra has so been promoted with all consequential benefits.

ii) Any other appropriate order or direction which this Hon’ble Tribunal deem think fit and proper in the facts and circumstances of this case may kindly be passed in favour of the applicant.

iii) Cost of the original application may also be awarded in favour of the applicants.

iv) By issuing an appropriate order or direction the impugned order dated 19.11.2012 and 23.10.2013 in so far as its relates to promoting the applicant with immediate effect instead of retrospective effect from the date juniors has also been promoted may also be quashed and set aside and the applicant be promoted on the post of Programme Executive from the date persons junior to him like K.B.Joshi or K.K.Bohra so been promoted, with all consequential benefits.

That in the interest of justice, this amended application deserves to be allowed in order to decide the entire conroversy to the parties.

2. The case has a long history, which is summarised in brief here: The applicant was appointed as production Assistant on 22.02.1982 in Doordarshan. He has challenged the promotion of other persons who were working as Transmission Executives (TREX) with (what was then known as) Aakashwani, who he claims to be his juniors, following a ratio of 1:1. He has also challenged the later orders dated 19.11.2012 & 23.10.2013 by which he has been promoted prospectively and has prayed for making these orders effective from the date the TREX officers, allegedly junior to him, from Aakaashwani, got this promotion. The applicant had challenged this quota based promotions earlier, too, and got a favourable decision (in OA No.420/1997) by the Full Bench of this Tribunal. This decision, dated 07.07.2003, quashed the concerned Rule (Rule 4 A (1) (f) of the All India Radio (Group B Posts) Recruitment (Amendment) Rules, 1984) under which the promotions were to be made as per the quota of strength of various catetories. This rule, providing variable quota of promotions, was also under challenge in various other OAs before different Benches of this Tribunal and also in a SWP 1261/1991 filed before the Hon’ble High High Court of Jammu & Kashmir at Srinagar (Mohd. Ashraf Lone vs. Dirctor General & Another). The rule is reproduced below:

“f) for the purpose of promotion there shall be separate lists of seniority of officers of regular programme cadre and that of staff artists who have become government employees; promotion to the next grade from the two lists shall be on quota basis, the ratio of which shall be based on the existing number of posts in each category on the date of holding of the Departmental Promotion Committee.”

3. Though some Benches of the Tribunal (including the Jaipur bench) decided that this Rule was ultra-vires and therefore struck it down, other Benches (including the Principal Bench) of the Tribunal and the Hon’ble High Court of Jammu & Kashmir found the rule legal and valid. The respondents followed the decisions upholding the validity of the rule.

4. The present OA has been filed after another round of litigation by the applicant (OA No.79/2005). That OA (which was mainly against t