Promotional rules established under the Administrative Tribunals Act, 1985 are discretionary, and employees have no vested rights to specific promotional categories beyond what is permitted by existing regulations.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs: -

a) “Order No. HD-Lgal/332/2022-02(C-250108) dated 28-05- 2024 passed by respondent no. 3 directing respondent no. 5 to take into consideration all the feeding categories for respective Divisions while making promotion to the post of Community Health Officer including the feeding categories borne on the establishment of Directorate of Family Welfare, Maternal Child Health Immunization J&K.

b) Further, directing the respondent no. 5 to accord the promotions on the post of Community Health Officer from amongst the feeding categories borne on the establishment/cadre of the service of Directorate of Health services only and consider the applicants for promotion on the post of Community Health Officer in the interest of justice.

c) Further for setting aside the S.O 334 dated 3-07-2022 to the extent of inclusion of post of District Mass Education Information Officer of the Family Welfare Unit as a Feeding Category for promotion on the post of Community Health Officer in the Health Department.

d) Any other appropriate relief which this Hon'ble Court may deem fit and proper in the given facts and circumstances of the case may kindly be passed in favour of the applicants and against the respondents.”

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The applicants No. 1 to 37 are serving as Health Educators, and applicants No. 38 to 43 are serving as Sanitary Inspectors in the Department of Health. Their posts are borne on the cadre of the Health Services under the Establishment of the Department of Health.

b) Respondent No. 5, being the Head of the Department, is responsible for maintaining up-to-date seniority lists of the non-gazetted categories of posts borne on the cadre of Health Services in terms of Rule 5 of SRO 20 of 1992. Vide SRO 20 dated 24.02.1992, the Jammu and Kashmir Health and Medical Subordinate Service Recruitment Rules were notified, forming a single service at that time. Over the years, the Government created separate cadres and avenues of promotion for non-gazetted employees under different major heads. By SRO 160 dated 23.04.2002, the Government delegated to the Directorate of Health Services the powers of appointment, promotion, transfer, and maintenance of seniority of non- gazetted staff borne on the Health and Medical Service.

c) The Government later constituted a separate cadre and Directorate known as Directorate of Family Welfare, Maternal Child Health (MCH) and Immunization, with its own major head, administrative powers, staff, and seniority lists. Vide Government Order No. 681-HME of 2003 dated 27.05.2003, the Director, Family Welfare & MCH/Immunization, was declared as the Head of the Department for staff drawing salary from the major head 2211–Family Welfare, with independent powers of appointment/transfer/promotion and responsibility for maintaining separate seniority lists. (Annexure A2). Respondent No. 4, vide Circular No. FW/Est/4/C-44 dated 21.10.2002, directed that non-gazetted employees borne on the Family Welfare cadre shall not be transferred into the Health Directorate, thereby recognizing the complete separation of cadres, seniority, and establishment. (Annexure A3). Thus, the Department of Health and the Department of Family Welfare constitute two distinct Departments under respondent No. 1, having separate posts, separate recruitment processes, distinct Directorates, sepa