The court held that denying promotions based on reporting dates due to night shifts was unjustified, emphasizing fair treatment and adherence to established promotion procedures.

ORDER

Per: Justice S.Sujatha ...........Member(J)

Since common and akin issues are involved, the OAs are clubbed, heard together and disposed of with this common order.

2. The applicants have filed these applications under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:

“(i) To set aside the Order of the 3^rd Respondent in No.53/A/24/14/2020/Estt.Vol.III dated 29.12.2020 (Ann.A1), insofar as it rejects the Applicant’s request to amend his date of promotion /joining in the Seniority List,

(ii) To set aside the Order of the 3^rd Respondent in No.53/A-24/14/20/2021/Estt. dated 27.04.2022 (Ann.A2), insofar as it rejects the Applicant to amend his date of promotion /joining in the Seniority List, and request to consider his case for promotion.

(iii) To hold and declare that the promotion of the Applicant to the post of Lower Division Clerk at Sl.No.14 vide Order (Ann-A3) in No.53/A/36/33/08/2018/Estt dated 31.12.2018 is with effect from 31.12.2018 in terms of clause 2 of the said Order, issued by the 3^rd Respondent.

Or in the alternative

(iv) To hold and declare that the promotion of all the promotes to the post of Lower Division Clerk vide Order (Ann-A3) in No 53/A/36/33/08/2018/Estt dated 31.12.2018 is with effect from 31.12.2018 in terms of clause 2 of the said Order, issued by the 3^rd Respondent.

(v) Consequently to direct the Respondent to correct the date of promotion of the Applicant at Sl.No.28 in the column with the heading “Date of regular promotion” from 02.01.2019 to 31.12.2018, in the Final Seniority List (Ann- A4) in respect of Lower Division Clerks in Karnataka Region for the years 2013-14, 2014-15, 2015-16 (Revised), 2016-17, 2017-18 and 2018 vide Order in No.53/A/24/14/2020/Estt/Vol.III dated 29.12.2020 (Ann-A1) issued by the 3^rd and 4^th Respondents.

Or in the alternative

(vi) Consequently to direct the Respondent to correct the dates of promotion in the column with the heading “Date of regular promotion” from the existing different to 31.12.2018, in the Final Seniority List (Ann.A4) in respect of Lower Division Clerks in Karnataka Region for the years 2013-14, 2014-15, 2015-16 (Revised), 2016-17, 2017-18 and 2018 vide Order (Ann-A1) in No.53/A/24/14/2020/Estt/Vol.III dated 29.12.2020 issued by the 3^rd and 4^th Respondents,

(vii) (a) Or in the alternative to hold and declare that the date of joining of the Applicant is deemed to be 01.01.2019, as against the actual date of 02.01.2019 And (b) Consequently to direct the Respondent to correct the date of promotion of the Applicant at Sl.No.28 in the Column with the heading “Date of regular promotion” from 02.01.2019 to 01.01.2019, in the Final Seniority List (Ann- A4) in respect of Lower Division Clerks in Karnataka Region for the years 2013-14, 2014-15, 2015-16 (Revised), 2016-17, 2017-18 and 2018 vide Order (Ann-A1) in No.53/A/24/14/2020/Estt/Vol.III dated 29.12.2020 issued by the 3^rd and 4^th Respondents and

(viii) Consequently, to further hold and declare that the Applicant is entitled to be promoted to the post of Upper Division Clerk, along with the colleagues who have been promoted as Upper Division Clerks vide Office Order No.01/2022, dated 03.01.2022.

Or in the alternative

(ix) Consequently, to further direct the Respondents to consider the Applicant for promotion to the post of Upper Division Clerk along with his colleagues who have been promoted as Upper Division Clerks vide Office Order No.01/2022, dated 03.01.2022 and (x) Consequently, to direct the Respondents to incorporate the name of the Applicant as Upper Division Clerk as per his appropriate seniority in the Office Order (Ann-A5) No.01/2022, dated 03.01.2022 passed by the Respondent N