Raj Kumar Katosh vs Union Territory of Jammu and Kashmir

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2024 Supreme(Online)(CAT) 12603

CENTRAL ADMINISTRATIVE TRIBUNAL
B Anand, Member (A), Rajinder S Dogra, Member (J)
Raj Kumar Katosh – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
O.A. No. 508/2022

Important Points

Provisional induction against leave/training reserves does not bar later placement in regular reserved slots upon feeding cadre seniority finalization; employer cannot deny promotion due to its own delay if officers eligible and vacancies available.

Subject

Service Law - Promotion and Seniority

Act Referred

Jammu and Kashmir Administrative Service Rules, 1979: R.5
J&K Reorganization Act, 2019
J&K Administrative Services Rules, 2008

Headnote

(A) Jammu and Kashmir Administrative Service Rules, 1979 - Rule 5 - Promotion/Induction from feeding services to Time Scale - Slots allocation and reservation (RBA & ST categories) - Officers appointed in 1999 to gazetted service (feeding cadre), eligible for induction after 4 years (2003-2004), but seniority not finalized till 2010 - Inducted in 2008 against leave/training reserve vacancies subject to vacancy allocation - Held: Leave/training reserve vacancies not part of cadre for promotion under Rules; can be used ad hoc for exigency but promotees cannot rank above regular vacancy holders - Initial provisional induction does not bar later adjustment against regular reserved slots once feeding cadre seniority finalized - Allocation sheets and committee minutes acknowledging reserved slots for 2007 binding - Non-finalization of seniority by employer no bar to consideration if eligible/qualified; promotion subject to later seniority fixation - Delay/latches not applicable where grievance pending consideration and seniority not final till 2021. (Paras 9, 22, 23, 24)

(B) Service Law - Promotion - Seniority in feeding cadre - Employee not responsible for employer's delay in finalization; cannot deny promotion on that ground if slots available - Induction order stipulating seniority per rules and vacancy allocation overrides finality claims. (Paras 23)

(C) Service Law - Reservation - Regular quota slots (roster points) must be filled by eligible reserved category candidates post-seniority finalization, notwithstanding provisional placement elsewhere. (Paras 10, 20)

Facts of the case:
Applicants, direct recruits of 1999 batch in gazetted feeding service, sought formal order reflecting their placement against two reserved (RBA & ST) slots out of 12 available for 2007, after provisional 2008 induction against leave/training reserves due to pending feeding seniority. Claim rejected vide impugned order; challenged before Tribunal.

Findings of Court:
Impugned order quashed; respondents directed to issue formal order placing applicants against 2007 reserved slots in feeding service quota and adjust seniority accordingly within 4 weeks.

Issues: Whether applicants entitled to regular 2007 reserved slots post-seniority finalization despite provisional leave/training reserve induction; effect of delay, settled seniority, and non-finalized feeding seniority on claim.

Ratio Decidendi: Provisional promotions against leave/training reserves subject to regular vacancy allocation; eligible reserved candidates must be placed against available roster slots upon feeding seniority finalization; employer cannot deny on own delay in seniority or acceptance of benefits.

Result: Original application allowed.

Advocates:
For the Appellants/Petitioners: Mr. Anil Khajuria
For the Respondents:Mr. Sudesh Magotra, Additional Advocate General

Table of Content
1. eligibility for induction into j&k administrative service time scale from feeding services. (Para 1 , 2 , 3 , 4 , 5)
2. litigation history and tribunal ruling on leave/training reserve vacancies. (Para 6 , 7 , 8 , 9)
3. applicants' claim for rba/st slots in 2007 despite provisional induction. (Para 10 , 11 , 12 , 13 , 14)
4. respondents' defenses of delay, settled seniority, and provisional promotion. (Para 15 , 16 , 17)
5. court summary of facts and acknowledgment of available rba/st slots. (Para 18 , 19 , 20 , 21)
6. provisional promotions subject to vacancy allocation; employee not penalized for employer delay. (Para 22 , 23)
7. no delay bar; quash rejection and direct formal placement in reserved slots. (Para 24 , 25 , 26 , 27)

ORDER

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. The present original application is preferred by applicants seeking to challenge the Govt. Order No.123-JK(GAD) of 2022 dated 04-02- 2022, by virtue of which the claim of applicants for issuance of formal order for reflecting their names as ST & RBA category out of total 12 slots available for the year 2007, in the Industries and Commerce Gazetted Service (Functional Manager Category), is rejected. The applicants have consequently sought further directions against the respondents to issue a formal order by correctly indicating the name of applicants against the slots of ST & RBA category for the year 2007.

2. The factual premise on which the present application is preferred is that the applicants were selected pursuant to the selection process initiated by Public Service Commission for filling up the vacancies in various gazettes services under Direct Recruitment Quota, the applicants were selected after qualifying Combined Competitive Examination and were accordingly appointed in the Gazetted service as Functional Manager in Industries and Commerce Department vide Govt. Order No.787-GAD of 1999 dated 12-07-1999. The applicants have pleaded that in terms of Jammu and Kashmir Administrative Service Rules, 1979 govern the recruitment to the Administrative Services of the erstwhile State and the structure of Administrative Services there under comprises of various scales ranging from Junior Scale of Administrative Scale to Super Time Scale. However, the method of recruitment to Administrative Services, as provided in Rule 5 of 1979 Rules, the Recruitment to the Administrative Service is provided by way of competitive examination for direct recruitment to Junior Time Scale of Administrative Service and also by way of promotion to the Junior Time Scale of service from amongst the members of sixteen (16) feeding services provided in the aforesaid Rules. It is further pleaded that Industries and Commerce (Gazetted) Service is one of the feeding services to the time scale of Administrative Service under the Rules (Supra) and the Recruitment to the Time Scale of Gazetted Service is made by way of promotion /induction to the time scale of J&K Administrative Service.

3. It is the case of the applicants that since the applicants were the members of Gazetted service, which was one of the feeding service to the Time Scale of J&K Administrative Service and the Govt. at the relevant time had evolved a formula for allocation of vacancies (Commonly called as slots) allocable to different feeding services on year to year basis for induction to Time Scale of J&K Administrative Service and after the slots were allocated, the eligible candidates in the feeding services were entitled to be considered for their appointment /induction to the Time Scale of the Administrative Service against the slots for that particular year when those candidates have attained eligibility and consequently the vacancy is available.

4. The applicants have pleaded that they were since appointed in the year 1999, thus have got eligible for their induction in Time Scale of J&K Administrative Service after completion of four years of service from the date of appointment, it