CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CIRCUIT SITTING AT SHIMLA O.A. No.335/2022 With MA No.2567/2023 Reserved on: 24.07.2025 Pronounced on: 18.08.2025 HON’BLE MR. RAMESH SINGH THAKUR, MEMBER (J)

HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)

Dr. Ashwani Kumar son of Late Shri Roshan Lal, aged years, presently working as Chief Technical Officer, at Himalayan Forest Research Institute, Conifer Campus, Panthaghati, Shimla, H.P.

…Applicant (BY ADVOCATE: Mr. Ashwani Kaundal).

VERSUS

1. Union of India through its Secretary, Ministry of Environment, Forests and Climate Change, Government of India, (secy-

moef@nic.in)

2. Director General, Indian Council of Forestry Research and Education, PO New Forest, Dehradun, Uttrakhand (dg@icfri.org)

3. Himalayan Forest Research Institute, Conifer Campus, Panthaghati, Shimla Himachal Pradesh through its Director (dir_hfri@icfre.org)

4. Sunil Waman Bhondge S/o Not Known, presently posted as Chief Technical Officer at ICFRIRI, PO New Forest, Dehradun, Uttrakhan (bhondgesw@icfri.org) Ex-parte vide order dated

10.01.2024

5. Vinod Kumar S/o Not known, presently posted as Chief Technical Officer at HFRI, Conifer Campus, Panthaghati, Shimla, H.P.

(vinodk@icfri.org) Ex-parte vide order dated 10.01.2024

6. Savita Banyal W/o Not Known, presently posted as Chief Technical Officer at HFRI, Conifer Campus, Panthaghati, Shimla, H.P. (Banyalsk@icfri.org)

7. Akhil Kumar S/o Not Known, presently posted as Chief Technical Officer at HFRI, Conifer Campus, Panthaghati, Shimla, H.P.

(akhil@icfri.org). ...Respondents (BY ADVOCATE: Mr. Bharat Bhushan for R1-3, Mr. Sameer Thakur for R6-7 and Respondent Nos.4 & 5 are ex-parte.

O R D E R Per: HON’BLE MRS. ANJALI BHAWRA, MEMBER (A):

1. This O.A has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“i) To quash and set aside promotion order dated 02.07.2019 (Annexure A/13) and further promoted the applicant to the post of CTO w.e.f. 18.12.2018 as per seniority prepared on

10.10.2017.

ii) That the respondent no.3 be directed to correct the seniority assigned to the applicant and he may be assigned correct seniority in the cadre of RA-1 Technical Officer prepared in the month of November, 2015.

iii) That the respondent no.3 be directed to promote the applicant as Chief Technical Officer with effect from 18.12.2018, when the persons below in seniority to the applicant were promoted with all consequential benefits of pay, arrears, seniority etc.

iv) To direct respondent no.1 to 3 to promote the applicant w.e.f. 2018 along with all consequential benefits as attributable to service.

v) To direct the respondent no.1 to 3 to initiate the departmental inquire against the respondent no.6 that on what basis she has been assigned seniority at Sr.No.76 as per seniority list prepared on 01.01.2017.”

2. The brief facts of the case as submitted by the applicant are as follows:

I. The applicant was initially appointed as research assistant Grade-I in the respondent Institute on 9.6.2008. He was inducted as Assistant Chief Technical Officer on the recommendations of the Work Measurement Committee with effect from 18.12.2013. Thereafter, he was promoted as Chief Technical Officer on 27-05-2020. While being posted as Assistant Chief Technical Officer, the applicant was placed at Sr. No. 132 in 2009, at Sr. No. 71 in the seniority list of 2012 and thereafter in the provisional seniority list of 2015 at Sr. No. 71 but in the final seniority list of 2015, he was placed at Sr. No. 73, without any reason, as such, the applicant represented to respondent no.2 on 16.03.2017 (Annexure A/1) for assigning him his rightful seniority.

II. Vide order dated 10.10.2017, the applicant was inducted as Assistant Chief Technical Officer w.e.f. 18.12.2013 and he was at Sr. No.2 in the list. Thereafter, he was promoted as Chief Technical Officer on 27.05.2020 (Annexure A/5 Colly) w.e.f. 18.12.2019 and since then he is working as such. Vide impugned office order dated 02.07.2019 (Annex