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2025 Supreme(Online)(CAT) 12284
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, M (J), Ram Mohan Johri, M (A)
Tarvany Dutt – Appellant
Versus
State of J&K through Commissioner/Secretary, Power Development Department, J&K Govt. Civil Secretariat Jammu – Respondent
TA 9100 of 2020
For the applicant: Mr.K.Nirmal Kotwal, counsel
For the respondents: Mr.Hunar Gupta, ld. DAG
Court confirmed entitlement to seniority and pension benefits for daily wager applicants based on service length, quashing prior regulations limiting these rights.
Headnote:(A) Jammu & Kashmir Civil Service Regulations - SRO 400 - Quashing of Notification - Applicants engaged as daily wagers seeking seniority and pension benefits; contention regarding applicability of new pension scheme post-2009 notification challenged. (Paras 1, 2, 6, 7)
(B) Promotion and Service Rights - Right to Promotion - Applicants promoted to class IV but denied benefits under new pension scheme; entitlement to service benefits affirmed based on length of service and availability of vacancies. (Paras 2, 6, 7)
Facts of the case:
The applicants, initially engaged as daily wagers, contested the applicability of the Defined Contribution Pension Scheme impacting their entitlements after a 2009 notification.
Findings of Court:
Court quashed the 2009 notification and granted seniority and pension-related benefits to applicants as per service length.
Issues: Applicability of SRO 400 to the applicants’ case and their entitlement to seniority and benefits.
Ratio Decidendi: The court affirmed that the promotion entitlements are based on prior established rules and not altered by subsequently introduced regulations impacting pension schemes.
Result: TA allowed.
| Table of Content |
|---|
| 1. contested applicability of new pension scheme based on prior employment status. (Para 1 , 2) |
| 2. arguments regarding promotional rights and statutory compliance. (Para 3) |
| 3. court's observations on applicants' service entitlements. (Para 4 , 5 , 6) |
| 4. final judgment affirms applicants' rights to benefits and seniority. (Para 7) |
ORDER
Per Hon’ble Mr. Rajinder Singh Dogra, J.M.
The applicants being aggrieved by the order dated 24.12.2009 moved the Hon’ble High Court in SWP No. 967 of 2015. After the promulgation of the J&K Reorganization Act, 2019 and the formation of UT of J&K, the case was made over to this Tribunal where it was re-numbered as TA 9100 of 2020. The applicants have prayed for the following relief :
(i) Writ of certiorari seeking quashing of Notification dated 24.12.2009 issued vide SRO No. 400 by the respondents so far as it pertains to Rule-4 (i) & (ii) provided in schedule (XXIII) Annexure 'A' with the SRO being not applicable to the case of applicants.
(ii) With a further direction to the respondents to grant benefit of seniority and other consequential benefits from the date the applicants have completed seven years of regular service as daily wagers.
(iii) With a further direction to respondents to allot General provident Fund account number to the applicants enabling the applicants to contribute towards the general provident fund.
(iv) Any other writ, order or direction whatever the Hon'ble Court may deem fit under the circumstances of the case may also be passed in favour of the applicants and against the respondents.
2. The fact of the case is that –
a) The applicants were engaged as daily wagers against available vacancies, and subsequently on the basis of experience gained by them, the services of the applicants were converted as temporary daily labour/permanent daily labours, and accordingly the date of engagement of the applicants as PDL/TDL is reflected in the order of promotion.
b) The applicants who were initially engaged against clear vacancies and subsequently on the basis of their performance, their cases were placed before Departmental Promotion Committee for further promotion as class IV. The State of Jammu & Kashmir while taking a decision in the cabinet and vide cabinet decision No. 151/23/2012 dated 30.8.2012 though authorized the Power Development Department to take action as per their recruitment rules but at the same time also observed that no new creation of posts should be involved. The decision of the cabinet was convened by the Under Secretary to the Govt. Power Development Department vide his communication No. PDD/VI-34/2010 dated 3.9.2012 to the Chief Engineer.
c) The Chief Engineer EM&RE Wing Jammu vide his communication No. CEJ/DCP/418(P-III)/246-48 dated 3.6.2013 recommended the cases of 873 PDL/TDL candidates as eligible for promotion as class IV. The respondent No. 1 vide his communication No. PDD/IV-34/2010-II dated 5.10.2013 issued the guidelines to the Chief Engineer respondent No. 3 and the Development Commissioner Power respondent No. 2 for holding the departmental promotion committee meeting and the conditions referred thereof.
d) It is apparent from the orders of promotion of the applicants as Class IV, the date of engagement as TDL/PDL of the applicants has been reflected in the order and it is very clear from the order itself that the promotion of the applicants from the category of PDL/TDL as class IV has been accorded against the available vacancy shown in the order itself strictly in accordance with Jammu & Kashmir Power Development Department (Subordinates) Service Recruitment Rules 1981 notified vide SRO 381.
e) In pursuance to the amendment carried out in SRO 311, the applicants are entitled to the benefit of in-situ promotion according to length of their service. It is submitted that granting of benefit of in-situ promotions, the seniority of the applicants will relate back to the date of first engagement against available vacancy as PDL/TDL.
f) The applican
