Tribunal directed reconsideration of retrospective promotion claims based on established legal precedents, emphasizing fair treatment of similarly situated employees.

ORDER (ORAL)

D.S. MAHRA, MEMBER[JUDL.]

01. M.A. for Joint Application is allowed.

02.Learned counsel for the applicants has filed the present OA challenging Order No. 71-LA(LD) of 2025 dated 09.04.2025, whereby the applicants’ claim for retrospective promotion with effect from 2019 has been rejected. In the present OA, the applicants seek the following relief:

8.1 . The impugned order No: 71-1.A(LD) of 2025 Dated 09-04- 2025 (Annexure-A1), where under their claim for retrospective promotion w.e.f. 2019 is rejected, be quashed and set aside.

8.2 . Further seek a direction to reconsider the case of applicants in view of the Judgement of the CAT Principal Bench (Circuit Bench Nanital) in OA No:- 524/2022 titled Dr. J.R Sharma VS Botanical Survey relying on latest judgment of Hon’ble Supreme Court in the case of Union of India vs. S.K. Murti (2011).

8.3 Further the respondents be directed to grant promotion to the applicants retrospectively on the same analogy as given to other similarly situated persons in UT of Ladakh like Stanzin Dachum who was appointed as Jr. Legal Assistant (Level 6-B) in the year 2019 by the State Legal Services Authority J&K and subsequently received two promotions culminating in his current position as Under Secretary (Level-8), although he was much Junior to the applicants.

8.4 . Direct the respondents to at least grant promotion to the applicants from 2021 Nov-Dec when Union Territory of Ladakh Legal (Sub ordinate) Services Recruitment Rules, 2021 came into force and also to grant them promotion as Legal Assistants, retrospectively against the vacant posts of Legal Assistants under promotion quota, on the line of other departments of UT. 8.5. Any other order or direction as this Hon’ble Forum may deem fit and proper in circunstances of the case.

03.Learned counsel for the applicant submits that it will suffice if a direction is issued to the respondents to reconsider their claim for grant of retrospective promotion in light of the judgment passed by the Hon’ble Central Administrative Tribunal, Principal Bench (Circuit Bench, Nainital) in O.A. No. 524/2022 titled Dr. J.R. Sharma vs. Botanical Survey of India , which relies on the judgment of the Hon’ble Supreme Court in Union of India vs. S.K. Murti , (2011) 1 SCC 1 , and to pass appropriate orders in accordance with law within a stipulated time period.

04. Mr. Tahir Majid Shamsi, learned Deputy Solicitor General of India, and Mr. Faizan Ganie, learned Central Government Counsel, appear on behalf of the respondents.

05. In view of the limited prayer made by learned counsel for the applicants, the respondents are directed to reconsider the applicants’ claim for grant of retrospective promotion in light of the law laid down in Dr. J.R. Sharma vs. Botanical Survey of India (OA No. 524/2022) and the judgment of the Hon’ble Supreme Court in Union of India vs. S.K. Murti , (2011) 1 SCC 1 . This exercise shall be undertaken in accordance with law, by passing a reasoned and speaking order, within a period of four weeks from the date of receipt of a certified copy of this order, provided the applicants are found to be similarly situated employees and if there are no other legal impediments.

06. Respondents are further directed to consider the issue of nomenclature/designation of the applicants in light of the Notification S.O. No. 205 dated 21.06.2021 issued by the UT of Jammu & Kashmir, Department of Law and Justice, Srinagar, and to take appropriate steps for rectifying the nomenclature accordingly, as has been done therein.

07.With these directions, the instant OA No. 840/2025 stands disposed of accordingly. There shall be no order as to costs.