CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH, CHANDIGARH OA No. 842/2022 On this the 18^th day of November, 2025 CORAM:

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. MES No. 370262, Jarnail Singh, S/o Sh. Bhag Singh, aged

59 years, working as Elect. (HS-II), Group C

2. MES No. 370605, Ashok Kumar, S/o Sh. Ashanand, aged

59 years, working as Elect. (HS-II), Group C

3. MES No. 371264, Beant Singh, S/o Sh. Mohinder Singh, aged 59 years, working as Elect. (HS-II) Group C ….Applicants (By Advocate: Mr. Rajesh Verma )

VERSUS

1. Union of India through its Secretary Ministry of Defence, South Block, New Delhi.-110011

2. Engineer in Chief, Military Engineer Service, Integrated HQ’s, Kashmiri Gate, New Delhi – 110001

3. Chief Engineer, Head Quarters, Military Engineer Service, Western Command, Chandimandir, Panchkula, 134107

4. Head Quarter, Commander Works Engineer, Military Engineer Service (Air Force), Chandigarh – 160003

5. Garrison Engineer, Military Engineer Service, Chandigarh -160003 ….Respondents (By Advocate: Mr. Sanjay Goyal, Sr. CGSC)

O R D E R (ORAL)

PER: SURESH KUMAR BATRA, MEMBER (J)

The applicants in the present OA are claiming benefit of promotion and its consequential benefits from the date of commencement of vacancy year against which they have promoted and have sought quashing of orders whereby their seniority and financial benefits have been ordered to be effective from the date of assumption of charge of promoted post. The relief, as claimed in this O.A. is as under:-

“(I) That the record of the case be called.

(II) That the Letter No. 1211/Struc/50/EIC-II dated 22.03.2019 (Annexure A-1) and Part – II order No. 13/2019 dated 01.04.2019 (annexure A-2) be quashed and set aside.

(III) That the applicants be declared entitled for regular promotion alongwith all consequential benefits w.e.f. the due date, i.e., from the date the applicants become eligible and entitled for the higher post.

(IV) That this Hon’ble Tribunal may also pass any other Order, direction in favour of the applicants which may deem fit in the peculiar facts and circumstances of the case.

(V) That the costs of the application may also be awarded in favour of the applicants.”

2. The facts of the case in nutshell, are that the applicants are working as Elect (HS-II). The next channel of promotion of the applicants from the post of Skilled Grade to Highly Skilled Grade- II and as per Rules, Skilled Grade employee become entitled for promotion after rendering three years service and the criteria is for passing of relevant trade test. The applicants became eligible for promotion in the higher pay scale from the date of vacancies, i.e., from 2015-16. The respondents convened DPC for promotion to various categories of the vacancies of the year 2015-16 in the year 2019. All the applicants were promoted as Skilled Category against the vacancies of the year 2015-16.

3. The respondents issued letter dated 22.03.2019 (Annexure A-1) and Part II PTO No. 13/2019 dated 01.04.2019 (Annexure A- 2), vide which the applicants were given adhoc promotions w.e.f. 22.03.2019. It has been mentioned in the promotion order that promotion will be effective from the date of assumption of higher appointment in order of seniority in existing grade.

4. That the applicants took up the matter of grant of similar benefits and made representations (Annexed as Annexure A-3, A- 4 and A-5, respectively) for grant of promotion from the due date the applicants are eligible for promotion but without any response.

5. The contention of the applicants is that the despite the applicants being eligible and vacancies available, the grant of promotion has been delayed because of the mistake of the administration by delaying the convening of DPC for promotion and due to no fault of the applicants/employees, therefore, the authorities are bound to grant them benefits of seniority and pay fixation w.e.f. from the date of availability of vacancy or the date when they became eli