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2025 Supreme(Online)(CAT) 13440

CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
Kamaljeet Kumar And Others – Appellant
Versus
Health And Medical Education Department – Respondent


Advocates:
For the Applicants: Mr. Narinder Kumar Attri
For the Respondents: Mr. Sudesh Magotra, AAG, Mr. Raghu Mehta, Sr. CGSC

Table of Content
1. the tribunal considered the framework of administrative law and authority over recruitment processes. (Para 1 , 2)
2. the specific orders regarding promotional eligibility were established as advisory rather than mandatory directives. (Para 11 , 14 , 20)
3. promotion rights are subject to existing rules with no absolute entitlement to specific categories. (Para 24 , 28)

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

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