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2025 Supreme(Online)(CAT) 5771
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Balvinder Kundal – Appellant
Versus
The State of J&K – Respondent
Transferred Application No. 7787 of 2021 | Transferred Application No. 7631 of 2021
For the Appellants/Petitioners: Mr. C.S. Azad
For the Respondents: Mr. Hunar Gupta, Mr. F.A. Natnoo
Qualified candidates in in-charge positions are entitled to regularization from the date of their in-charge placement, adhering to reservation principles.
Headnote:(A) Jammu & Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 - The petitioner, a Scheduled Caste candidate, challenged the denial of timely promotions and regularization by the State, claiming entitlement based on reservation rules. The court emphasized the need for regularization from the date of in-charge placement and highlighted the principle of retrospective promotion for qualified individuals. (Paras 1-5)
(B) Promotion and Seniority - The court reiterated that seniority for promoted candidates depends on the date of commencement of probation and eligibility, confirming that the petitioner was entitled to regularization and consequential benefits. (Paras 3-5)
Facts of the case:
The petitioner was appointed in 1988, faced delays in promotions due to litigation, and sought redress for non-regularization and arbitrary treatment compared to junior officers.
Findings of Court:
The court directed regularization from the date of in-charge placement and mandated that all consequential benefits be provided within eight weeks.
Issues: The main issue was the petitioner’s entitlement to timely promotions and regularization as per reservation rules.
Ratio Decidendi: The court ruled that qualified candidates in in-charge positions are entitled to regularization from their in-charge date, emphasizing adherence to reservation principles.
Result: The petitions were allowed, and the State was directed to regularize the petitioner’s promotions accordingly.
| Table of Content |
|---|
| 1. denial of timely promotions and regularization. (Para 2) |
| 2. arguments for the applicant's entitlement. (Para 3) |
| 3. arguments against the applicant's claims. (Para 4) |
| 4. court's directive for regularization and benefits. (Para 5) |
O R D E R
As per Hon’ble Mr. Rajinder Singh Dogra, Member (J):
1. The instant petitions have been filed by ld. counsel for the applicant with following relief:
i. Directing the respondents no. 1 & 2 to give similar placement to the petitioner as I/C Superintending Engineer on the analogy of Govt. Order No. 133-PDD of 2014, Dated 20-06-2014 and Govt. Order No. 134-PDD of 2014, Dated 20-06-2014 issued by the respondents no. 2 and the petitioner being senior most I/C Executive Engineer and I/C Assistant Executive Engineer pending final regularization.
ii. Directing the respondents no. 1 to 3 not to treat Govt. Orders i.e. Govt. Order No. 133-PDD of 2014, Dated 20- 06-2014 and Govt. Order No. 134-PDD of 2014, Dated 20- 06-2014 as beneficial for the purpose of fixation of seniority of Executive Engineer and Superintending Engineer for that matter the respondents may kindly be directed to treat the said Govt. Orders as nullity in the eyes of law having no legal and beneficial consequences in the process of regularization.
iii. Prohibiting/restraining the respondents no. 1 to 3 from making any further stopgap/adhoc/incharge basis promotion to the post of Superintending Engineer till the completion of regularization to the post of Executive Engineer.
iv. Directing the Respondent/State to make regularization to the post of Assistant Executive Engineer and Executive Engineer in accordance with the rules and also fix the seniority of the Petitioner in the cadre of the said posts of Assistant Executive Engineer and Executive Engineer strictly in accordance with the Jammu & Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 against the quota posts reserved for the scheduled caste category and pending such regularization the Respondent;./State may kindly be directed to give place to the Petitioner as In-charge Superintending Engineer keeping in view his placement as In-charge Executive Engineer v. Issue directions in the nature of writ of prohibition prohibiting the respondents from giving any further promotion/posting as In-charge Superintending Engineer to the private Respondent Nos. 2 & 3 prior to the Petitioner.
2. The brief facts of the case:
The brief facts of the case are that the Petitioner was appointed as Junior Engineer in the Power Development Department of Govt. of Jammu and Kashmir in the year 1988 vide Government Order No.67- PDD of 1988 dated 16 March, 1988 in the category of Degree holder Engineer as the Petitioner possesses Bachelor Degree in Electrical Engineering. He belongs to the reserved Scheduled Caste category and, as such, becomes entitled to benefit of reservation in the matter of his promotion. The Petitioner became entitled for his further placement/promotion as Assistant Engineer and in the cadre of Assistant Engineer the Petitioner became further entitled to be considered/promoted to the post of Assistant Engineer against the Reservation quota post of Scheduled Caste category but the Respondent/State did not consider his case for placement as Assistant Engineer against the said reservation quota vacancy. In the meanwhile the Respondent/State also made placement to the post of Assistant Engineer but the Petitioner was not considered. However, only in the year 1994 the Petitioner was given promotion as Assistant Engineer. In the year 1999 the Petitioner was given placement as In-charge Assistant Executive Engineer. Despite having become eligible for promotion/placement to the post of Assistant Executive Engineer, the Petitioner was not given the same at the right time and it was only in the year 2001 that vide Govt. Order No.39-PDD of 2001 dated 30 Jan. 2001 the Petitioner was promoted as Assistant Executive Engineer (Elect.) The Department has made regular pro
