The tribunal ruled that administrative bodies must provide clear communication and reasoning in decisions affecting promotions and benefits, especially when prior vacancies exist.

ORDER

Per Hon’ble Member (A), Shri Prasant Kumar

The applicant is aggrieved of non-grant of promotion from the date he was entitled to and also non-grant of all consequential benefits despite order dated 21.4.2011, passed by the Hon’ble High Court of Jammu & Kashmir, directing the respondents to consider his case and pass a reasoned order. The respondents, in their order dated 16.11.2021, held that there was no justified ground for reconsideration of the matter which was already decided by the department in terms of Government Order No. 339-PW (Hyd) of 2011, dated 8.9.2011, however, this order, applicant claims, was never communicated to him.

2. Accordingly, through the medium of the instant OA No. 371 of 2022, the applicant has prayed for the following reliefs –

(i) That both the impugned orders viz. Government Order No. 339-PW (Hyd) of 2011, dated 8.9.2011 as also the Order / OM dated 16.11.2021 be quashed / set-aside by an appropriate order by this Hon’ble Tribunal.

(ii) The Official Respondents be directed to consider the matter in terms of the High Court judgment dated 21.4.2011 and consequently promote the Applicant to the post of Superintendent Engineer, with retrospective effect from the date on which the post became vacant and thus the Applicant became eligible to hold the post in February, 1999.

(iii) The Official Respondents be directed to ensure that the Applicant receives pension and other benefits in line with the post of Superintendent Engineer.

(iv) The Official Respondents be directed to ensure that the Applicant’s arrears, as accrued to him in light of the retrospective effect of promotion from February, 1999.

3. In addition, the applicant has also prayed for an interim relief– To stay the impugned orders, viz. Government Order No. 339-PW (Hyd) of 2011, dated 8.9.2011 as also the Order / OM dated 16.11.2021.

4. The case of the applicant, as brought out in the instant OA No. 371 of 2022, is that the applicant was working as an Executive Engineer in the Hydraulic Wing of the Irrigation and PHE Department from 1986 and retired from service on 30^th November, 1999. In the Final Seniority List of Assistant Executive Engineers, issued on 12.8.1993 by the Government, the applicant appeared at Serial No. (Sl. No.) 46, while the officers up to the Serial No. 38 stood promoted to the next rank of Superintending Engineer. In the year 1999, nine posts of Superintending Engineer became vacant and the officers from Sl. No. 39 onwards were eligible for consideration for promotion to the next rank. It has been averred that at the relevant time the officers at Sl. No. 39 and 43 of the seniority list were placed under suspension and officers appearing at Sl. Nos. 42, 44, 45, 48, and 51 had retired from service. Thus, these seven officers were not in the zone of consideration for promotion to the post of Superintending Engineer and hence the applicant, figuring at Sl. No.46, effectively stood at the third place in the seniority list among the officers falling within the zone of eligibility and consideration after the officers at Sl. No. 40 and 41.

5. The applicant further submits that he was cleared by the Vigilance Organization and by Departmental Promotion Committee (DPC) / Jammu and Kashmir Public Service Commission (PSC) for promotion to the post of Superintending Engineer in the Irrigation and PHE Department. Despite his seniority, the respondents, vide order dated 21.10.1999, accorded sanction for the promotion of 4 officers of Sl. Nos. 40, 47, 49, and 52, to the post of Superintending Engineer without paying heed to the seniority of the appli