CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Monday, this the 12^th day of January, 2026 CORAM:

HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER Dr. Balu.S, S/o N. Sugathan, Aged 44 years, Instructor (Fishing Technology), Central Institute of Fisheries Nautical and Engineering Training, Fine Arts Avenue, Kochi-682016.

- Applicant [By Advocate: Mr. T.A. Rajan]

Versus

1. Union of India represented by Secretary, Government of India, Ministry of Agriculture & Farmers Welfare, New Delhi-110 001.

2. Union of India represented by Secretary, Ministry of Finance, Department of Expenditure, New Delhi-110 001.

3. The Secretary, Ministry of Agriculture & Farmers Welfare, New Delhi-110 001.

4. The Director, Central Institute of Fisheries Nautical and Engineering Training, Fine Arts Avenue, Kochi - 682 016.

-Respondents [By Advocate : Mr. N.Anilkumar, SPC]

The application having been heard on 03.12.2025, the Tribunal on

12.01.2026 delivered the following interim order:

O R D E R

Justice K.Haripal, Judicial Member Applicant is aggrieved by the non-feasance on the part of the respondents in not promoting him to the post of Senior Instructor (Fishing Technology) after reviving the post at the earliest.

2. The applicant had commenced service as Instructor (Craft and Gear) in Visakhapatnam unit of the Central Institute of Fisheries Nautical and Engineering Training (CIFNET), which post was later re-designated as Instructor (Fishing Technology). Later, he was transferred to Kochi in 2012.

3. The next promotion post of Instructor (Fishing Technology) is Senior Instructor (Fishing Technology) in Pay Band – 3 in the scale of Rs.15600- 39100 with grade pay of Rs.5400/-. As per the Recruitment Rules, Annexure- A5, 66.67% of the posts have to be filled up by promotion failing which by deputation and 33.33% by deputation failing which by direct recruitment. The feeder categories are Fishery Officer in Pay Band-2 in the scale of Rs.9300- 34800 with grade pay of Rs.4600/- with three years of regular service and Instructor (Fishing Technology) in Pay Band-2 in the scale of Rs.9300-34800 with grade pay of Rs.4200/- with eight years regular service. According to the applicant, at present there is no Fishery Officer in CIFNET so that the Instructors (Fishing Technology) having the requisite qualifying service have to be considered for promotion to the post of Senior Instructor(Fishing Technology). The applicant is the senior most in the cadre. Though representations were made for promoting him, that were not considered. At last, he moved this Tribunal with O.A.310/2017. The O.A. was disposed of through Annexure-A8 order on 07.04.2017 directing the 3^rd respondent to dispose of his representation within two months. Following Annexure-A8, Annexure-A9 communication was issued to the 4^th respondent stating that his representation is under consideration, that a vacancy is available for promotion of the applicant and requested to send the proposal. However, the grievance of the applicant is that, through Annexure-A10 he was informed that though he is eligible to be promoted, the post of Senior Instructor comes under a deemed abolished category, as it had remained vacant for more than two years, and therefore his representation could not be considered. It was further stated that proposal for revival of the post has already been sent to the Department of Expenditure and that his case for promotion will be processed and sent to the UPSC on receipt of clearance from the Department of Expenditure.

4. Aggrieved by the same, the applicant has approached this Tribunal seeking to quash Annexure-A10, for a declaration that keeping vacancies of Senior Instructor (Fishing Technology) under deemed abolished category is illegal, to direct the respondents to consider and promote the applicant to the post from the date he became eligible for promotion and to grant him consequential benefits and to direct the 2^nd respondent to revive the po