The court upheld the validity of promotion criteria established by the Office Memorandum, affirming that different rules for existing and future employees do not constitute discrimination.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion eligibility criteria for Hindi Officers - Applicants challenged the validity of Office Memorandum dated 04.08.2014, which restricted promotion eligibility based on service duration - The court found no merit in the claims of discrimination or procedural irregularity. (Paras 1, 6, 27)

(B) Condonation of Delay - The court emphasized that delays in filing applications must be justified, and the absence of cogent reasons leads to dismissal of such applications. (Paras 11, 14)

Facts of the case:
The applicants, both Junior Hindi Translators, sought to quash orders that limited promotion eligibility based on service duration, claiming it deprived them of promotional opportunities. (Paras 3, 4)

Findings of Court:
The court found that the revised norms for promotion were valid and did not constitute discrimination, as they applied differently to existing and future employees. (Paras 26, 28)

Issues: The main issues included the legality of the promotion criteria established by the Office Memorandum and the justification for the delay in filing the applications. (Paras 1, 14)

Ratio Decidendi: The court ruled that the organization had the authority to establish different promotion criteria for existing and future employees, and the lack of formal rule-making process did not invalidate the existing norms. (Paras 27, 28)

Result: Applications dismissed.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

These two Original Applications have been filed under Section 19 of the Administrative Tribunals Act 1985 and have similar facts and law points to be decided. Hence they are taken together for disposal. For clarity and convenience, we are taking the facts of the applicant in O.A 631/2023 as the main case for consideration in detail. 2. The reliefs claimed by the applicants in both the O.As are as under:

O.A 631/2023:

(a) To quash the Order No. HQ @: ADMN: A.20(2) dated 04.08.2014, issued by the respondent No.4, Annexure-A3, to the extent it states that "personnel existing on rolls in the cadre as on date of issue of the order will be eligible for consideration for promotion to the post of Hindi Officer on completion of seven years combined service as Jr. Hindi Translator or Sr. Hindi Translator or both and the same shall not be applicable for future recruits",

(b) Quash the Order No.020/1(2.1)/.REV-21 dated 11.08.2021, issued by the respondent No.4, Annexure-A5 and

O.A 12/2024:

(a) To quash the Order No. HQ @: ADMN: A.20(2) dated 04.08.2014, issued by the respondent No.3, Annexure-A3, to the extent it states that "personnel existing on rolls in the cadre as on date of issue of the order will be eligible for consideration for promotion to the post of Hindi Officer on completion of seven years combined service as Jr. Hindi Translator or Sr. Hindi Translator or both and the same shall not be applicable for future recruits",

(b) To quash the Order No.HQ:ADMN:A.20(2):2023 dated 17.01.2023, issued by the respondent No.4, Annexure-A10 and

(c) To direct the respondents to implement the Office Memorandum No.HQ:ADMN A.20 (2) dated 15.02.2006, issued by the respondent No.4, Annexure-Al, for filling up of the post of Asst. Director (OL)/Hindi Officer and

(d) Grant such other relief deemed fit, having regard to the facts and circumstances of the case.”

3. The reliefs are claimed on the grounds and legal provisions as mentioned in paragraphs 5(i) to 5(iii) of the Original Application. The brief facts as narrated by the applicant are that he joined the Laboratory for Electro-Optics Systems, Indian Space Research Organization as a Junior Hindi Translator on 02.09.2014 and in O.A 12/2024, the applicant joined on 25.08.2014.

4. The norms for consideration for recruitment of Hindi Officer [now re-designated as Assistant Director (OL)] in ISRO has been revised vide O.M. dated 15.02.2006. The feeder cadre for promotion to the post of Hindi Officer is Junior Hindi Translator and Senior Hindi Translator. The minimum residency period required is 7 years combined service in the grades of Sr. Hindi Translator & Junior Hindi Translator or 7 years of service in the grade of Junior Hindi Translator.

5. The Department of Personnel and Training issued O.M dated 19.09.2013 containing model Recruitment Rules for the posts of Junior Hindi Translators, Senior Hindi Translators, Assistant Directors etc. with a direction to the Ministries/Departments to review the existing rules in conformity with the Model Recruitment Rules. In pursuance of the same, the norms for recruitment and promotion of Hindi Staff (other than Hindi typists) have been revised in terms of O.M. dated 04.08.2014.

6. In the said O.M. it is stated that "personnel existing on rolls in the cadre as on date of issue of the order will be eligible for consideration for promotion to the post of Hindi Officer on completion of seven years combined service as Jr. Hindi Translator or Sr. Hindi Translator or both and the same shall not be applicable for future recruits".

7. As per the revised norms, those personnel who have joined on or after the date of issue of O.M. dated 04.08.2014 are not eligible for consideration for promotion to the grade of Hindi Officer, since three years' service as Senior Hindi Translator is mandatory. Hence the applicants have approached this Tribunal pray

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2025 Supreme(Online)(CAT) 3267

The court upheld the validity of promotion criteria established by the Office Memorandum, affirming that different rules for existing and future employees do not constitute discrimination.

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