CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
Mohd Aslam – Appellant
Versus
State of Jammu and Kashmir through Secretary Forest Department – Respondent
Based on the provided legal document, the key points are as follows:
The petitioners, who were engaged as casual laborers in 1985-1986 and later regularized as Junior Mali in 1994, contend that they possess long service, higher qualifications, and have been discharging duties akin to higher posts, which entitles them to rightful seniority and consideration for promotion (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The respondents argue that the regularization was in a personal, co-terminus capacity, and such re-designation does not automatically entitle the petitioners to inclusion in the cadre seniority list or to promotion, especially since the cadre strength is fixed at a specific number of posts (!) (!) (!) (!) (!) .
The court recognizes that once employees are regularized and have been performing their duties, their claim to seniority should be based on their date of regularization and appointment, not on administrative labels or temporary re-designations (!) (!) (!) .
Continued officiation and long service in higher duties can entitle employees to consideration for promotion, and denial of such consideration without proper justification is deemed unfair (!) (!) .
The procedural fairness is compromised when objections or representations against seniority lists are not effectively considered, rendering the list arbitrary and unlawful (!) (!) .
The court emphasizes that administrative convenience cannot override the rights accrued through regularization and long service, and any administrative order made after regularization cannot nullify those rights unless explicitly authorized (!) (!) .
The court's decision is to quash the impugned seniority list to the extent that it places juniors above the petitioners contrary to their appointment and qualification dates (!) .
A new seniority list must be prepared based on the actual dates of regularization, appointment, and relevant qualifications, ensuring the petitioners are placed appropriately (!) .
The respondents are directed to consider the petitioners for promotion through a properly convened DPC, with reasons recorded for each decision, and to create supernumerary posts if necessary to ensure their rightful seniority (!) (!) .
Any consequential service benefits arising from the corrected seniority and promotion decisions should be released in accordance with applicable rules, including any due financial benefits (!) .
The court's order is limited to the correction of the seniority list and does not involve costs (!) .
These points collectively highlight the importance of adhering to principles of fairness, transparency, and legal regularity in seniority and promotion matters, especially when employees have long service and have been regularlyized.
| Table of Content |
|---|
| 1. recognition of service history in seniority (Para 3 , 6) |
| 2. challenge to seniority list based on qualifications (Para 4 , 10) |
| 3. procedural fairness mandates proper consideration of representations (Para 11 , 12 , 14 , 15 , 17) |
| 4. finality and direction for fresh seniority list preparation (Para 18) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 1737/2014 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/996/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “Writ of certiorari, for the quashment of final seniority list of Senior/junior Mali in Social Forestry Division Rajouri in District Rajouri to the extent of private respondents issued by respondent No.2 vide order No. DIR/DSF/Estt/405-13 dated 05/06/2014, because all the private respondents are junior and less qualified to the petitioners which is illegal, arbitrary, partial, and discriminatory and against the law.
b) Writ of mandamus, commanding the official respondents to reframe the seniority list and conduct the DPC of petitioners for promotion under J & K
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