Promotion is not a matter of right and is governed by seniority-cum-eligibility; inclusion in the official seniority list is mandatory, and recommendations by superiors cannot override statutory recruitment rules.

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) It is, therefore, most respectfully prayed that in view of the submissions made herein above and such other submissions as may be made at the time of hearing of this application, appropriate direction may kindly be issued to the Respondents to give promotion to the Applicant frm the post of Senior Scale Stenographer to the post of Private Secretary retrospectively w.e.f. the year 2014 when the Applicant became eligible for promotion under the rules or at least w.e.f. the year 2021 hen his case was duly recommended by the Respondent No.5 for such promotion as Private Secretary with all consequential benefits including arrears of basic pay scale of the post of Private Secretary..

b) with further prayer for issuance of any other order or direction whatsoever the Hon'ble Tribunal deems fit and proper under the facts and circumstances of the case.”

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking a direction to the respondents to promote him from the post of Senior Scale Stenographer to the post of Private Secretary with retrospective effect, either from the year 2014 when he claims to have become eligible or, in the alternative, from the year 2021 when his case was allegedly recommended, along with all consequential benefits.

3. The case of the applicant, in brief, is that he was promoted as Senior Scale Stenographer in the year 2011 and, in terms of the applicable Recruitment Rules, became eligible for promotion to the post of Private Secretary after completion of the prescribed qualifying service. It is asserted that after the creation of the Union Territory of Ladakh, the applicant opted to serve in the said Union Territory and that recommendations were made in his favour by the Deputy Superintending Engineer and the Chief Engineer of the Public Works (R&B) Department in June 2021. The grievance of the applicant is that despite such recommendations and despite issuance of an Office Memorandum in March 2024 clarifying eligibility and seniority issues, no promotion order was issued before his superannuation, compelling him to approach this Tribunal.

4. The respondents, on the other hand, have raised preliminary objections regarding limitation and maintainability and have contested the claim on merits. It is pleaded that the Original Application is barred by limitation under Section 21 of the Administrative Tribunals Act, that it suffers from non-joinder of necessary parties, and that the applicant has no enforceable right to promotion as his name does not figure in the seniority list of Senior Scale Stenographers, which is a mandatory prerequisite for consideration for promotion.

5. The Tribunal has carefully considered the rival submissions and perused the pleadings and record.

6. At the outset, the objection relating to limitation deserves serious consideration. The applicant seeks enforcement of recommendations stated to have been made in the year 2021. The present Original Application, however, has been filed only in the year 2024. No application seeking condonation of delay has been filed, nor has any satisfactory explanation been furnished for approaching the Tribunal after a lapse of nearly three years. It is well settled that repeated representations or reminders do not give rise to a fresh cause of actio