CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 505/2020 Reserved on:- 12.12.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Gurmohinder Singh S/o Jaswant Singh age about 55 years, MES No.508128, R/o House no 31, Aman Vihar Phase 2, Gol Gujral Road, Jammu, Pin-180002.

...Applicant (By Advocate: - Ms. Surinder Kour, Sr. Adv)

VERSUS

1. Union of India through Secretary, Ministry of Defence, New Delhi

110001

2. Engineer.in.Chief, Kashmir House, Raja Ji Marg, New Delhi

110011.

3. Malkiat Singh, MES No. 372757, Assistant Engineer Design (E/M), Office of Chief Engineer, Udampur, Jammu 182121.

…Respondents (By Advocate: - Mr. Raghu Mehta, ld. Sr. CGSC)

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) To Summon the records relevant for proper and just decision of the case.

b) In view of the submissions and the facts stated in para 4 "The Rules" (Annexure Al) pertaining to the promotion of the category of J.E(E/M) to Assistant Engineer (E/M) may be quashed with further directions to direct the Respondents No. 1&2 to consider and promote the applicant as Assistant Engineer (E/M) w.e.f 03.07.2019 with all consequential benefits when his juniors were promoted (Annexure A2) on the basis of seniority(Annexure A3).

c) To award cost in favor of the applicant for forcing him to approach the Hon'ble Tribunal.

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Gurmohinder Singh, is serving under the Military Engineer Services (MES). He initially entered service as an Electrician in the year 1987 and thereafter acquired a three- year Diploma in Mechanical Engineering. Upon completion of the requisite service and qualifications, he was promoted as Junior Engineer (Electrical/Mechanical) on 16.03.2009. He subsequently qualified the Military Engineer Services Procedure Examination in May, 2016, which is one of the essential conditions for promotion to the post of Assistant Engineer (E/M).

b) As per the All-India seniority list of Junior Engineers (E/M)

updated as on 12.11.2018, the applicant figures at Serial No. 42, whereas the private respondent (Respondent No.3) is placed much below at Serial No. 167. It is the specific case of the applicant that despite his seniority and eligibility, he was overlooked when promotion orders dated 03.07.2019 were issued, whereby several of his juniors were promoted to the post of Assistant Engineer (E/M).

c) The promotion to the post of Assistant Engineer (E/M) is governed by the Military Engineer Services Assistant Engineer (Civil), Assistant Engineer (E/M) and Assistant Engineer (QS&C) Recruitment Rules, 2008, notified vide SRO-56 dated 10.06.2008. Under these Rules, promotion is permissible from the cadre of Junior Engineer (E/M) subject to fulfillment of the prescribed length of service, educational qualification, and successful completion of the MES Procedure Examination. The Rules also contain a specific enabling provision stipulating that where juniors, who have completed the qualifying service, are considered for promotion, their seniors are also required to be considered, provided the shortfall in qualifying service does not exceed half of the prescribed service or two years, whichever is less.

d) The applicant asserts that the historical distinction between Superintendent Grade-I and Grade-II stood abolished with effect from 09.07.1999 and that all such posts were redesignated as Junior Engineer. This merger, according to the applicant, was consistently carried forward during subsequent pay revisions in 2006 and 2016, thereby eliminating any basis for differential treatment within the cadre of Junior Engineers.

Consequently, the applicant contends that he stood fully eligible