CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A. No. 1171/2023 Chandigarh, this the 12^th day of January, 2026 HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

MES No. 372439, Rajinder Singh s/o Sh. Madho Singh aged 57 years, working as MCM, Refg. Mechanic at Garrison Engineer, Gurdaspur, Military Station, Gurdaspur, (Punjab). (Group "C")

…Applicant (BY ADVOCATE: Sh. K.B Sharma)

VERSUS

1. Union of India through its Secretary, Ministry of Defence, South Block, New Delhi-110001.

2. The Engineer in Chief, Military Engineer Services, Engineer-in-

Chief's Branch, Integrated Hers. Of MoD (Army), Kashmir House, DHQ, PO, New Delhi-110011.

3. The Chief Engineer, MES, HQ, Western Command, Chandimandir, Panchkula-134107.

4. HQ, Commander Works Engineer, MES, Amritsar-143001

5. Garrison Engineer, Gurdaspur, Military Station, Gurdaspur, (Punjab).

...Respondents (BY ADVOCATE: Sh. Sanjay Goyal, Sr. CGSC)

O R D E R(Oral)

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicant has filed instant O.A under Section 19 of the Central Administrative Tribunals, Act, 1985 seeking following relief: (I) That the record of the case be called for, for the just and proper adjudication of the case:

(II) That the impugned order dated 07.07.2023 (Annexure A-12) be quashed and set aside.

MANDEEP SINGH Reason: (III) That the respondents be directed to grant

seniority, pay fixation etc on his promotion as MCM Refg. Mechanic w.e.f. 1.4.2015 (from the date of vacancy year of 2015) in pursuance to promotion order dated 30.1.2021 (Annexure A-3) and consequently release them monetary benefits with interest.

(IV) That the Part-II orders (PTOs) (A-4) and promotion order dated 30.01.2021 (Annexure A- 3) to the extent denying seniority and pay fixation/financial benefits to the applicant w.e.f. 1.4.2015 (vacancy year) be quashed and set aside.

(V) That the applicant be held entitled to all consequential benefits like seniority and pay fixation from the date of vacancy/panel year i.e. 2015-2016 (w.e.f. 1.4.2015) on his promotion as MCM, Refg. Mechanic.

(VI) That it be declared that the applicant is entitled to promotion as MCM, Refg. Mechanic w.e.f. 1.4.2015 (from the date posts were available with the respondents), with all consequential financial benefits w.e.f. 1.4.2015.

2. Facts in brief are that the applicant initially joined service with the respondent department as a Refg. Mechanic Skilled on 18.07.1987 in the pay scale of Rs. 950-1500/-. The applicant promoted as Refg. Mechanic-HS-II on 01.01.2006. The applicant was promoted as Refg. Mechanic Highly Skilled, Grade-l on 01.04.2012. The next channel of promotion of the applicant was for the post of MCM, Refg. Mechanic, in the pay scale of Rs. 9300-34,800 + G.P. 4200/-(Now Matrix Level VI) and as per Recruitment Rules, Refg. Mechanic, HS-I becomes eligible for promotion to the post of MCM, Refg. Mechanic on completion of 03 years of regular service as Refg. Mechanic -HS-I. The vacancies for the post of MCM. Refg. Mechanic were available with the respondents in the year 2015 but the respondents did not convene DPC for the post of

MCM, Refg. Mechanic without any reason and justification and delayed

promotion. As per consolidated instructions issued by the Department of Personnel and Training, Government of India, the DPC should be convened at regular annual intervals to draw panels which could be utilized for making promotions against the vacancies occurring during the course of a year. For this purpose, the concerned appointing authority should intimate action to fill up the existing as well as anticipated vacancies well in advance of the expiry of the previous panel by collecting relevant documents like CRs, integrity certificates, seniority lists etc for placing before the DPC. Further, the instructions states DPC should be convened every year, if necessary on a fixed date i.e. 1^st April or May. The instructions further states that the Ministry/Department should lay down a time schedule for hold