CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR BENCH, SRINAGAR O.A. NO: 1374 OF 2025 Date of Order: 27th November, 2025 C O R A M HON’BLE MR M.S. Latif, MEMBER (J)

Mohd Yusuf Jhon Aged 59 years S/o Late Ali Mohd Jhon R/o Sindipora, Budgam-191111.

…Applicant By Advocate:

(Mr. Ather Zaashan)

VS

1. Union Territory of J&K through Commissioner Secretary General Administration Department Civil Sectt Jammu/Srinagar-190001.

2. Commissioner State Taxes, J&K Solina Srinagar/Rail Head Complex Panama Chowk Jammu. 180001.

….... (RESPONDENTS By Advocate:-

Mr. Rais Ud Din Ganaie, DAG, for Respondents

O R D E R (O R A L)

HON’BLE MR M.S. Latif, MEMBER (J)

1. Through the medium of the instant O.A., the petitioner seeks for the following reliefs:

a) That this Hon'ble Tribunal may be pleased to allow and accept the instant original Application.

b) That the non-applicants be directed to promote the applicant for the next higher post/position of Administrative Officer against the available vacancy as being the eligible candidate/official for the post of Administrative Officer in the non-

applicant department.

c) Any other, order or direction which this Honble Tribunal may deem fit in the circumstances of the case may also be passed in favor of the applicant and against the non-applicant in the interest of justice and equity.

2. Alongside the main relief, the petitioner has also prayed for grant of interim relief:

(a) Pending disposal of the Original Application it is humbly prayed that the applicant be considered for the next higher promotion of Administrative Officer against the available vacancy as being the eligible candidate/official for the post of Administrative Officer in the non-applicant department.

(b) Any other, order or direction which this Hon'ble Tribunal may deem fit in the circumstances of the case may also be passed in favor of the applicant and against the non-applicants as the same will serve the ends of justice.

3. The petitioner came to be appointed as a Process Server in the respondent department on 17.11.1984 and, thereafter, was promoted from time to time to various promotional posts. He was lastly promoted to the post of Section Officer on 25.12.2017 and is presently working as Section Officer on substantive basis.

4. Learned counsel for the petitioner submits that, in accordance with the applicable service rules, the petitioner became eligible for promotion to the post of Administrative Officer after completing five years of service as Section Officer. It is submitted that upon completion of the prescribed qualifying service, the petitioner made repeated representations before the respondents seeking consideration for promotion to the next higher post of Administrative Officer; however, no decision has been taken thereon till date.

5. However, the said promotion was denied to the petitioner.

Learned counsel for the petitioner submits that despite vacancies being available, the case of the petitioner was never considered for promotion. He submits that though promotion per se is not a fundamental right, the right to be considered for promotion is a constitutional and legal right, and denial thereof amounts to violation of Articles 14 and 16 of the Constitution of India. It is submitted that denial of consideration for promotion, particularly when juniors are promoted, affects the efficiency, remuneration, and service prospects of a senior employee and leads to stagnation and frustration. Every eligible employee has a right to be considered for promotion in accordance with the rules, and it is the statutory duty of the competent authority to consider such cases whenever vacancies arise.

6. Learned counsel further submits that the petitioner is due to superannuate at the end of the present month and only two days of service remain. Prima facie, it appears that the petitioner had been repeatedly representing his legitimate claim for promotion, but the same was never considered, compelling him to approach this Court at the fag end of his service career. M