Promotion of junior over eligible senior violates Arts. 14 & 16; entitles retrospective promotion with consequential benefits.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/4493/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3727/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

i) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to immediately consider and promote the petitioner as Electrician against the available post in the Pay Band of 5200-20200 with Grade Pay 2400 w.e.f. the date his juniors have been so promoted;

ii) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to not to fill up the available post of Electrician without first considering the claim of the petitioner,

iii) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to provide promotional avenues to the Diploma Holder Electricians against the post of JuniorEngineer (Elect.) on the same analogy as has been done in the case of Junior Engineers (Civil);

iv) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with cost.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No. 4493/2019, which was transferred from the Hon’ble High Court of Jammu & Kashmir and registered before this Tribunal as T.A. No. 3727/2020. The applicant, Satnam Singh, claims promotion to the post of Electrician with effect from the date his juniors were promoted, along with consequential benefits.

b) The applicant was initially engaged as a daily wager in the Estates Department in the year 1988. At the time of his engagement, he was a matriculate and subsequently acquired a two-year ITI Certificate in Electrical Trade in the year 1989 from the Industrial Training Institute, Jammu, duly recognized by the National Council for Vocational Trades. Despite being engaged as a daily wager, his services were continuously utilized in the trade of Electrician.

c) Upon completion of seven years of daily wager service, the applicant was regularized as Helper to Electrician with effect from 01.04.1995 vide Government Order No. 230-EST of 1996 dated 11.12.1996, in terms of SRO-64 of 1994. It is the case of the applicant that several similarly placed daily wagers, including persons junior to him and even those without requisite ITI qualifications, were also regularized as Helpers to Electrician under the same order.

d) Thereafter, vide Order No. 435-DE of 2004 dated 30.07.2004, the applicant was placed as Lineman in his own pay and grade, subject to clearance by the Departmental Promotion Committee, and charge allowance was released in his favour vide Order No. 60-DE of 2005 dated 07.02.2005. Subsequently, the applicant was substantively promoted and regularized as Lineman with effect from 29.03.2007 vide Order No. 110-DE of 2007 dated 29.03.2007.

e) The grievance of the applicant is that despite his seniority and technical qualifications, his claim for promotion to the higher posts of Electrician and Wireman was ignored. According to him, vide Order No. 363-DE of 2007 dated 08.10.2007, certain juniors, namely Mangi Ram and Charan Dass, were promoted as Electrician and Wireman respectively, though they were allegedly less qualified and junior to the applic