Back
2026 Supreme(Online)(CAT) 1503
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Suresh Kumar Bhat – Appellant
Versus
State of J&K – Respondent
Transfer Application No. 4754/2020|SWP/WPC/707/2018
For the Appellants/Petitioners: Abhinav Sharma
For the Respondents: Rajesh Thappa, Sudesh Magotra
Juniors' promotion regularization cannot be delayed due to senior's personal delays; entitled to same dates as senior for equity and Article 14.
Headnote:Under J&K Forest (Subordinate) Service Recruitment Rules, 1991 and J&K Forest (Gazetted) Service Recruitment Rules, 1970, foresters completed DDR training and were promoted as in-charge Range Officers Grade-I against vacancies in 1995 and 1997. Court found applicants eligible, vacancies available, and continuous officiation, but regularization delayed due to senior's criminal case, violating Rule 23 of J&K CCA Rules, 1956. Primary determination: delay in senior's promotion cannot prejudice juniors' rights.
Issues: Whether applicants fulfilled conditions for retrospective regularization under Rule 23 J&K CCA Rules, 1956 and Suraj Prakash Gupta; whether senior's delay prejudices juniors; entitlement to same dates as senior. Ratio: Eligibility, placement on post, and vacancy existence mandate regularization from due date; personal delays of senior cannot deny juniors' rights, ensuring Article 14 equality. Transfer Application allowed; quashed impugned orders to extent denying promotion/regularization from proforma respondent's dates; directed notional benefits with monetary relief limited to three years pre-writ.
| Table of Content |
|---|
| 1. transfer of writ to tribunal and relief sought. (Para 1 , 2 , 6) |
| 2. applicants' service history and in-charge promotions. (Para 3 , 7 , 8) |
| 3. respondents' defense on ad-hoc nature and vacancy dates. (Para 4 , 9 , 10 , 11) |
| 4. legal test for retrospective regularization from suraj prakash. (Para 12 , 13 , 14) |
| 5. senior's delay cannot prejudice juniors' rights under art.14. (Para 15 , 16 , 17 , 18) |
| 6. balanced relief with notional benefits and time limit. (Para 19 , 20 , 21) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WPC/707/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.4754/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
In the premises:-
It is therefore, most respectfully prayed that the Hon’ble Court may kindly be pleased to;
i)allow the present writ petition;
ii) quash Govt. Order No. 04-FST of 2016 dated 14.01.2016 to the extent it confirms / regularizes the promotion of the petitioners from the following dated;
i) Petitioner No.1: 01.10.2003,
ii) Petitioner No.2 : 01.10.2003,
iii) Petitioner No.3 : 01.10.2005,
iv) Petitioner No.4 : 01.11.2005,
v) Petitioner No.5 : 01.05.2006,
Instead of regularizing the promotion of the petitioners as range officers Grade-I w.e.f.
i) Petitioner No.1 : 06.12.1995
ii) Petitioner No.2 : 06.12.1995
iii) Petitioner No.3 : 30.04.1997
iv) Petitioner No.4 : 30.04.1997
v) Petitioner No.5 : 30.04.1997
iii) command and direct the respondent No.1 to confirm/ regularize the promotion of the petitioners as range officers Grade-I w.e.f.
i) Petitioner No.1 : 06.12.1995
ii) Petitioner No.2 : 06.12.1995
iii) Petitioner No.3 : 30.04.1997
iv) Petitioner No.4 : 30.04.1997
v) Petitioner No.5 : 30.04.1997
i.e. the date from which the petitioners were promoted on Incharge basis as range officer-I against available vacancies and were fully eligible under rules to be promoted as range officer grade-I From the aforesaid dates; iv) quash Govt. Order No. 212-FST of 2017 dated 13.09.2017, whereby and whereunder, the promotion of the petitioners as Assistant Conservator of Forest has been regularized /confirmed w.e.f. the following dates: i) Petitioner No.1 : 01.10.2013 ii) Petitioner No.2 : 01.10.2013 iii) Petitioner No. 3 : 30.06.2016 iv) Petitioner No.4 : 30.06.2016 v) Petitioner No.5 : 30.06.2016 e) Command and direct the respondents to promote the petitioners as Assistant Conservators of Forests w.e.f.
i) petitioner No. 1 : 06.12.2005 ii) Petition No. 2 : 06.12.2005 iii) Petition No.3 : 30.04.2007 iv) Petition No.4 : 30.04.2007 v)Petition No.5 : 30.04.2007 i.e. the date the petitioners acquired eligibility under rules for promotion to the post Assistant Conservator of Forest and when the vacancies under Promotional quota were lying vacant and the petitioners were denied right of consideration for promotion to the post of Assistant Conservator of Forest only on the ground that proforma- respondent, who was immediate senior to the petitioners was not considered for promotion initially as Range Officer Grade-I w.e.f. 06.12.1995 and subsequently for the post of Assistant Conservator of Forest w.e.f. 06.12.2005 because of pendency of criminal case against the proforma-respondent and the promotion of proforma- respondent was delayed and was ordered against the post of Range Officer Grade-I w.e.f. 01.05.2003 and as Assistant Conservator of Forest only on 20.05.2009;
(f) direct the respondents to grant all consequential benefits to the petitioners after promoting them initially as Range Officers Grade-I from the dates specified above and to the post of Assistant Conservator of Forest from the date specified above;
g) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The applicants are permanent residents of the ers
