CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No.143/2015 with Misc. Application No.128/2019 Pronounced on : 09.12.2025 Reserved on : 17.11.2025 CORAM HON’BLE Mr. JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr. AMIT SAHAI, MEMBER (A)

Ishwari Prasad Swami S/o late Shri Ratan Ram Swami, aged about 49 years, resident of B-1-45, Rajmata Sudersan Nagar, near Sai Baba Temple, Nagane Chegji Post, Bikaner- 334003, at present employed on the post of UDC in the office of GE, MES, Lalgarh Jattan, Distt.

Srigangagar-335001.

…..Applicant By Advocate: Mr. Ajay Kumar Kaushik Versus

1. Union of India through Secretary to the Govt. of India, Ministry of Defence, Rakesha Bhawan, New Delhi.

2. Director General (Personnel), Engineer in Chief’s branch, Military Engineering Service, Integrated HQ of MOD (Army), Kashmir House, DHQ PO, New Delhi-110011.

3. The Chief Engineer, South Western Command, PIN-908546 c/o 56 APO.

4. Commander Works Engineer, MES, Sriganganagar-335001.

...... Respondents By Advocate: Mr. Rameshwar Dave ORDER Per Hon’ble Mr. Justice Rameshwar Vyas, Member (J)

Being aggrieved by revised All India Seniority List of UDCs dated 23.05.2014 (Annexure-A/1) and panel for promotion dated 22.09.2014 (Annexure-A/2) of UDC to grade of Assistant in MES, Ministry of Defence for the vacancy years 2012-2013 and 2013-2014 and review DPC for vacancy year 2011-2012, the applicant has preferred this OA to quash and set aside the above orders and direct the respondents to recast the seniority for the post of UDC and consider his case for promotion as per corrected seniority with all consequential benefits.

2. Facts of the case in brief are as under:-

2.1 The applicant was initially appointed to the post of Carpenter on 05.11.1986. While he was serving at GE (AF) Nal, a scheme for Limited Departmental Examination was introduced for promotion from LDC to UDC to the extent of 25% of the vacancies vide Engineer-in-Chief Branch’s letter dated 31.08.2001. The applicant passed the Limited Departmental Competitive Examination held during the period from 18.11.2002 to 20.11.2002. The case of the applicant for promotion from the post of LDC to UDC was considered and approved vide select panel dated 01.04.2004. His name was placed at serial no.2 of the said select panel and he was promoted vide Part-II order No.22/2024 dated

31.05.2004 to the post of UDC w.e.f. 29.05.2004 (Annexure-A/4).

2.2 It is the grievance of the applicant that some persons, who were promoted and joined on the post of UDC at a later date than the applicant, were ordered to be promoted to the post of Assistant re- designated as Office Superintendent vide communication dated 13.10.2014 (Annexure-A/5). Being aggrieved with that, he immediately submitted his representation on 20.11.2014 (Annexure-A/6) to respondent no.2 requesting him to consider his case for promotion to the post of UDC at par with his juniors. In this representation, the applicant disclosed the name of persons, who were promoted as UDCs later in time to the applicant.

2.3 It is the grievance of the applicant that a revised All India seniority list has been prepared without adhering to the rules. The promotion from the post of UDC to the post of Assistant has to be made on the basis of a panel of promotion to the post of UDC. The applicant was empanelled in panel dated 01.04.2004 on the post of UDC, but the persons belonging to a later panel of UDC have been assigned higher seniority over the applicant. The applicant was never informed of his seniority position and the moment he came to know of his supersession, he submitted a detailed representation, but the same was kept pending consideration for an indefinite period.

2.4 With the above case, the applicant has preferred this OA with a prayer to quash and set aside the seniority list of UDC as also the Select Panel dated 22.09.2014 of UDC for promotion to the post of Assistant.

3. As per the reply filed by the respondents, All India Seniority of UDCs was prep