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2025 Supreme(Online)(CAT) 6922
CENTRAL ADMINISTRATIVE TRIBUNAL
M.S. Latif, J
Vakeel Ahmad Naik – Appellant
Versus
UU.T of J&K through Commissioner Secretary to Government Horticulture Department – Respondent
O.A. No.: 603 of 2025
For the Appellants/Petitioners: Mr. Shuja ul Haq, Ms. Tabinda Yousuf
For the Respondents: Mr. Syed Musaib, DAG
The Tribunal emphasized the need for fair administrative action in promotions, mandating a reasoned decision on applicants' representations.
Headnote:(A) Administrative Law - Promotion and Redesignation - The applicants sought redesignation/promotion as Gardeners/HTG-IV/Junior Assistants based on committee recommendations and previous orders for similar employees - Allegations of pick and choose method in promotions were raised. (Paras 1-6)
(B) Duty of Respondents - The Tribunal directed respondents to treat the application as a representation and to dispose of it with a reasoned order, emphasizing the need for prompt action. (Paras 9-10)
Facts of the case:
The applicants, appointed as Chowkidars from 1994 to 2022, asserted their eligibility for promotion based on a committee's report recommending their redesignation, citing inaction by the respondents.
Findings of Court:
The Tribunal ordered the respondents to consider the applicants' representation in light of the committee's recommendations and to issue a reasoned decision.
Issues: The main issues were the legitimacy of the promotion process and the applicants' claims of unfair treatment.
Ratio Decidendi: The Tribunal ruled that the respondents must act on the applicants' representations and provide a reasoned decision, highlighting the importance of fair administrative processes.
Result: O.A. No. 603/2025 is disposed of.
| Table of Content |
|---|
| 1. relief sought by applicants for promotion. (Para 2) |
| 2. facts regarding applicants' status and grievances. (Para 3 , 4 , 5 , 6) |
| 3. court's procedural observations. (Para 7 , 8) |
| 4. decision to treat o.a. as representation. (Para 9 , 10) |
ORDER
(Oral)
Per Hon’ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A, the applicant has sought for the following reliefs:
a. By issuance of order or direction, Respondents be ii. iii. iv. directed to consider the applicant for redesignation/promotion/adjustment as Gardeners/HTG- IV/Junior Assistants in the Respondent Department in light of the recommendations made by the committee contained in its report dated 26-6-2021 read with the communication dated 29-6-2021.
b. By issuance of order or direction, Respondents be directed to consider the applicants for redesignation/promotion/adjustment as Gardeners/IITG- IV/Junior Assistants in the Respondent Department on the analogy of similarly situated employees who have been redesignation/promotion/adjustment as Gardeners/HTG-IV/Junior Assistants in terms of orders dated 29-10-2011, 29-05-2013, 25-07-2019, 20-03-2020 etc.
c. By issuance of order or direction, Respondents be directed to take decision on the representations filed by the Applicant within a time bound manner in the light of order No. Adm/NG/1283/2239-46 dated 22-05-2008.
d. Any other order or relief which this Hon'ble Tribunal deems fit to the case of the applicant.
2. Alongside the main reliefs, the applicant has also sought for interim relief:
Respondents be directed to consider the applicant for redesignation/promotion/adjustment on the post of Gardener/HTGIV/Junior Assistant and take prompt and quick decision on the representation of the Applicant.
3. The facts of the case are that the applicants came to be appointed as Chowkidars in respondent department vide various order passed from 1994 to 2022. A seniority list of the applicants has also been maintained by the respondent department. It is stated in the O.A. that the applicants are due for their promotion/adjustment/redesignation as Gardener/HTG-IV/Junior Assistants, however, the respondents are adopting a pick and choose method regarding the same and have considered some blue eyed candidates for such postings.
4. It is averred in the O.A. that a committee was constituted on 17-11-2020 to look into the matter pertaining to adjustment of Watcher/Chowkidar/Class IV employees against the post of Gardeners/HTG-IV in respondent department. The committee was also asked to investigate regarding sanctioned strength of the posts of Chowkidar/Watcher and other Class IV as well as of Gardeners. Further, on 19-05-2021 a report was sought from all the Chief Horticulture Officers regarding details of Chowkidars, Store Attendants and Class IV who have undergone one year of MTC and have successfully completed the said training course. Consequently, the committee submitted the report on 26-06-2021 whereby redesignation of Watcher/Chowkidar/Class IV posts was recommended against the post of Gardeners/Horticulture Technician Grade IV. Further, it was reported that 399 posts of Technician Grade IV are lying vacant in the department under promotion quota and even if gardeners were elevated as Technician Grade IV, still a number of the posts of Horticulture Technician Grade IV would remain vacant/unfilled. Further, the committee submitted the report and also suggested measures for maintenance of seniority of Horticulture Technician Grade IV.
5. As stated in the O.A. and further submitted by learned counsel for the applicants, on 29-06-2021, approval was sought by respondent no. 2 from respondent no. 1 for implementing the recommendations contained in the committee report dated 26-06- 2021. However, despite that respondent no. 1 has taken any action till date. He submits that the method of pick and choose has been adopted causing redesignation of some chowkidars while leaving other eligible Class IV employees without any bene
