Long stop-gap higher duties despite unmet exam renders promotion/pension denial arbitrary under Art.14; notional relief for retiral benefits.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.545/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.140/2024 by the Registry of this Tribunal.

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

a) “ A writ of mandamus issued directing the respondent to regularizing the promotion to the rank of Assistant Comptroller from the due date i.e 5th of May 1995, when the petitioner completed five years service after conferment of grade of senior scale Accountant and further granting senior scale w.e.f. 5th of May 2002, Or in the alternative

b) Direct the petitioner to be promoted to the post of Assistant comptroller w.e.f. 14th of December 1996 the date when respondent no. 2 junior to the petitioner was promoted as Assistant Comptroller and further granting the senior scale with effect from 29th of April 2011.

c) With the further writ of mandamus to compute the pensionary benefits on the basis of the senior scale Assistant Comptroller i.e. 15600-39100 with pay grade of 6600.

d) With the further writ of mandamus commanding the respondents to pay the arrears of pension on account of difference in the pension i.e the pension which the petitioner is drawing at present and the pension fixed as Assistant Comptroller (selection grade), along with interest @ 12% per annum.

e) Any other order which this Hon'ble Court may deem fit and appropriate in the present set of circumstances may also very kindly be passed in favour of the petitioner.

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

a) The petitioner was appointed as an Accountant in the respondent University in the year 1987 vide Order No. 196(Ext) of 1987 dated 8th April 1987 and joined service on 5th May 1987. The petitioner discharged his duties diligently and honestly to the satisfaction of his superiors and, throughout his service career, no adverse entry or remark was ever recorded against him, thereby reflecting an unblemished service record. Initially, the petitioner was placed on probation for a period of two years, which he successfully completed. However, the probation period was extended by one year and ultimately stood completed on 5th May 1990.

b) The petitioner continued to work on the said post at Srinagar till January 1990, when due to the eruption of militancy and the prevailing law and order situation in the Valley, he was compelled to migrate to Jammu in order to safeguard his life and that of his family. After migration, the petitioner was declared a migrant in accordance with the instructions of the State Government and was permitted to draw migrant salary at Jammu like other similarly situated employees.

c) The petitioner continued as a migrant employee up to the year 1994. In the year 1994, pursuant to the directions issued by the respondent University, he was ordered to join at Krishi Vigyan Kendra, Leh as Sectional Officer/Accountant in his own pay and grade, where he duly joined. Thereafter, vide Order dated 26th March 1997, the petitioner was granted selection scale in the pay scale of ₹1640-2900, though notionally from the due date i.e. 5th May 1990.

d) In the year 1997, the petitioner was transferred back from Leh to Jammu. However, the respondent University did not accommodate him on the regular establishment on the pretext of surplus staff at R.S. Pura, J