An individual cannot claim a promotion based on temporary assignments; promotions must adhere strictly to seniority and established rules.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2462/2011 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6425/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “to quash S.F. Order No. 115 of 2011 dated 18.11.2011 issued by respondent No. 4, Director, Department of Social Forestry, Jammu by which the respondents have promoted private respondent No. 8. Jagan Nath as Forester, ignoring the petitioner who is fully eligible and entitled for the same and also quash orders issued by the respondents by which the respondents have given promotion to private respondent Nos. 9 and 10, Shammi Kapoor and Subash Chander respectively who are junior to the petitioner, by issuance of writ of certiorari;

b) to issue directions to the respondents to consider the case of petitioner for promotion to the post of Forester with effect from 28.5.2008, the date when the petitioner was promoted as Incharge Block Officer, over and above private respondent Nos. 9 to 11, who are junior to the petitioner or from the date the private respondents have been promoted as Foresters, by issuance of writ of mandamus;

c) to issue directions to the respondents restraining them to promote any other person to the post of Forester and restraining the respondents to implement S.F Order No. 115 of 2011 dated 18.11.2011 issued by respondent No.4, Director, Department of Social Forestry, Jammu by which the respondents have promoted private respondent No. 8, Jagan Nath as Forester, ignoring the petitioner who is fully eligible and entitled for the same and also restraining the respondents to implement orders issued by the respondents by which the respondents have given promotion to private respondent Nos. 9 and 10, Shammi Kapoor and Subash Chander respectively who are junior to the petitioner, by issuance of writ of prohibition,

d) to declare S.F Order No. 115 of 2011 dated 18.11.2011 issued by respondent No. 4, Director, Department of Social Forestry, Jammu by which the respondents have promoted private respondent No. 8, Jagan Nath as Forester, ignoring the petitioner who is fully eligible and entitled for the same and also orders issued by the respondents by which the respondents have given promotion to private respondent Nos. 9 and 10, Shammi Kapoor and Subash Chander respectively who are junior to the petitioner, as ultra virus, illegal, arbitrary. unconstitutional, unjust and contrary to the provisions of law and Rules and against the provisions of principles of natural justice, by issuance of writ of mandamus; OR

e) to issue any other writ, order or directions which the Hon'ble Court may deem just and proper in the facts and circumstances of the case in favour of the petitioner and against the respondents with costs.

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner is a permanent resident of the erstwhile State of Jammu and Kashmir and has been serving in the Forest Department since his initial appointment as a Forest Guard on 11.02.1980. He possesses the qualification of Matriculation and has rendered long, continuous, and satisfactory service in the department without any adverse entry in his service record.

b) In due course, the petitioner was sent on deputation to the Integrated Watershed Development Project (IWDP) Dewak Thandapani, under the Social Forestry Division, and after the said project became a permanent establishment in the year 2005, the petitioner along with other dep