Back
2025 Supreme(Online)(CAT) 12779
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J
Manjeet Singh, Heena Naz, Parvez Ahmed, Tahir Hussain Batt, Ghulam Nabi – Appellant
Versus
UT of Jammu & Kashmir – Respondent
Original Application No. 1086/2024 | Original Application No. 1070/2024
For the Appellants/Petitioners: Mr. F.A.Natnoo
For the Respondents: Mr. Sudesh Mangorta, AAG
Equal treatment in promotion and placement based on qualifications is mandated under administrative laws and rules, preventing arbitrary bias.
Headnote:Under section 19 of the Administrative Tribunals Act, 1985, the applicants seek to quash the order impugned that placed junior colleagues as in-charge Library Assistants without proper DPC, violating Rule -14 of J&K Civil Services Rules, 1956. The Tribunal finds that both sets of employees had gained requisite qualifications, yet post-facto permissions differed between them, warranting equal consideration for promotion. The Tribunal directed the respondents to treat applicants and private respondents alike in terms of qualifications, considering applicants for DPC, and allowed temporary in-charge placements. Decision: Both original applications are disposed of.
| Table of Content |
|---|
| 1. applicants seek quashment of placements and a fair dpc evaluation. (Para 1 , 2) |
| 2. highlighting differential treatment in qualifications affecting promotion. (Para 3 , 4) |
| 3. judicial notice of prior permissions and requirement for equal consideration. (Para 5 , 6 , 11) |
| 4. a directive for uniformity in placement and clear conditions for respondent actions. (Para 12) |
| 5. orders for dispositional resolution of applications confirming the administrative rulings. (Para 13 , 14) |
ORDER
(Per – Hon’ble Mr. Rajinder Singh Dogra, Member- J)
1. The present original applications have been filed by the applicants under section 19 of the Administrative Tribunals Act ,1985 making there the following prayers:-
OA No. 1086/2024
“I . Allow this Original application of the applicants.
II. Quash the order impugned order no.CEO/D/Legal/NTS/30130-43 dated 20-11-2023 issued by respondent no.3 whereby on alleged compliance of direction stated 04-10-2023 passed by this Hon’ble Tribunal in OA no.61/1310/2023, respondents no. 6 to 15 who are junior to most of the applicants herein and without conducting any DPC and according consideration to all the eligible candidates including the applicants herein for the post of Library Assistants, have been placed as incharge Library Assistants and are being continued to occupy the said status as on date that too contrary to the mandate of Rule -14 of J&K Civil Services (, Classification, Control and Appeal) Rules, 1956.
III. Direct the respondents to immediately conduct the DPC and accord consideration to all the eligible members of the service including the applicants herein for the post of Library Assistants in terms of the mandate of provision of SRO 166 of 2005 dated 14-06-2005 and without placing any hindrance to the eligibility of the applicants in respect of their acquiring the qualification of CLIS/BLIS from IGNOU, which as stated above has been acquired by the applicants under prior permission of the competent authority and does not require any post-facto sanction as has been done in case of private respondents 6 to 15 while allowing their incharge placement vide order impugned.
IV. Restrain the respondents from giving any weightage or preferential treatment to the private respondents of their having manned these posts on incharge basis in terms of order impugned at the time of conduct of DPC of all eligible candidates.
IV. Any other relief which this Hon’ble Tribunal may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the applicant and against the respondents.
OA No. 1070/2024
“I . Allow this Original application of the applicants.
II. Quash the order impugned order no.CEO/D/Legal/NTS/30130-43 dated 20-11-2023 issued by respondent no.3 whereby on alleged compliance of direction stated 04-10-2023 passed by this Hon’ble Tribunal in OA no.61/1310/2023, respondents no. 6 to 15 some of whom are junior to the applicant herein and without conducting any DPC and according consideration to all the eligible candidates including the applicant herein for the post of Library Assistants, have been placed as incharge Library Assistants and are being continued to occupy the said status as on date that too contrary to the mandate of Rule -14 of J&K Civil Services (, Classification, Control and Appeal) Rules, 1956.
III. Quash order impugned bearing No. CEO/D/Legal/2024/03-05 dated 04-04-2024, whereby on so called compliance of directions dated 15-12-2023 passed by this Hon’ble Tribunal in OA No. 1636/2023, the case of the applicant for the purpose of consideration for promotion as Library Assistant has been rejected.
IV. Direct the respondents to immediately conduct the DPC and accord consideration to all the eligible members of the service including the applicant herein for the post of Library Assistants in terms of the mandate of provision of SRO 166 of 2005 dated 14-06-2005 and without placing any hindrance to the eligibility of the applicant in respect of his acqui
