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2024 Supreme(Online)(CAT) 13051

CENTRAL ADMINISTRATIVE TRIBUNAL
B. Anand, Administrative Member, Sanjeev Gupta, Judicial Member
Maninder Singh – Appellant
Versus
UT of Jammu & Kashmir – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Farhan Mirza, Mr. Asheesh Singh Kotwal
For the Respondents: Mr. Dewakar Sharma, D.A.G., Mr. Vivek Sharma

Table of Content
1. applicants qualified type test but denied promotion due to merit ranking (Para 1 , 2 , 3 , 4 , 5 , 6 , 21)
2. promotions based on merit-cum-seniority, top merit selected first (Para 7 , 8 , 9)
3. applicants argue seniority-cum-merit applies over higher typing speed (Para 10 , 11 , 12)
4. rules prescribe 30 wpm qualification for junior assistant promotion (Para 13 , 14 , 15 , 16 , 17 , 18)
5. distinction: seniority-cum-merit prioritizes seniors with minimum merit (Para 19 , 20)
6. high court held promotion by seniority among type test qualifiers (Para 22 , 23 , 24 , 25 , 26)
7. seniority-cum-merit governs; quash promotions, direct applicants' promotion (Para 27 , 28 , 29)

ORDER

Per:- Sanjeev Gupta, Judicial Member

Since, the issue involved in both the O.As is similar, they are being disposed of by this common order. For the sake of convenience, the facts of O.A. No. 183 of 2023 titled Maninder Singh are being taken for reference.

2. The brief facts of the case as stated in the O.A. are that the applicant came to be appointed as Orderly vide Government Order No. 249-PW (Hyd) of 2008 dated 06.06.2008 in the pay scale of Rs. 2550- 3200 in RTIC, Jammu under SRO 43/1994 and afte

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