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2026 Supreme(Online)(CAT) 3015

CENTRAL ADMINISTRATIVE TRIBUNAL
Pankaj Kumar – Appellant
Versus
M/o Home Affairs – Respondent
O.A./606/2015



CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 606/2015 Reserved on : 26.02.2026 Pronounced on : 11.03.2026 Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

1. Pankaj Kumar S/o Sh. D.P. Chandel R/o RZ-57-B. Uttam Nagar, New Delhi

2. Urmila Sharma D/o Late Sh. Rattan Chand R/o. 488, Sec-9, R.K. Puram, New Delhi

3. Santosh Sharma D/o Late Sh. Ram Sharan Sharma R/o H. No. 274, Sector 1, Sadiq Nagar, New Delhi-17

4. Mohan Singh Bisht S/o Late Sh. Ram Singh R/o Qtr. No. 173, Sector-5, R.K. Puram, New Delhi-22

5. Rajesh Kumar S/o Sh. Hemant Kumar R/o 4/2333, Gali No. 6, Bihari Colony, Shahdara Delhi-32

6. M.S. Rawat S/o Late Sh. Ram Singh Rawat R/o112, Sector-I, Type-III, Sadiq Nagar, New Delhi.

7. Ajay Kumar Khandura S/o Late Sh. B.R. Khandura R/o H.No. 23 Type-III, B.S.F. Camp, Jalandhar Punjab

8. Tunni Krishnan S/o Sh. T. Shree Kumar R/o Q. No. 2, R.K. Puram, Sector-9, New Delhi-22

9. D.K. Bhatt S/o Late Sh. M.N. Bhatt R/o 12/224, Lodhi Colony, New Delhi

10. Kusum Lata D/o Sh. B.D. Bhardwaj Through legal heirs:

(i) Ravi Kant Srivastava - Husband S/o Sh. Badri Nath Srivastava R/o 74/1, Sector-1, Pushp Vihar Delhi-17 Aged about 59 years (ii) Mrs. Charu - Married Daughter D/o Sh. Ravi Kant Srivastava R/o 79A, Pocket-C, SFS Flats, Siddhartha Extn, Jangpura, New Delhi-14 Aged about 28 years (iii) Mrs. Yamini Srivastava - Married Daughter D/o Sh. Ravi Kant Srivastava R/o 74/1, Sector-1, Pushp Vihar Delhi-17 Aged about 24 years (iv) Bhanvi Srivastava - Minor Daughter Through next friend Sh. Ravi Kant Srivastava (father)

R/o 74/1, Sector-1, Pushp Vihar Delhi - 17

11. Vinod Kumar Sharma S/o Late Sh. Laj Pat Rai R/o G-9, Nanak Pura Moti Bagh-II, New Delhi-21

12. Khirod Borah S/o Late Sh. Rama Kanta Borah R/o Jamirah Gajai Gaon, P.O. Dhamal Gaon, Distt. Disburgarh (Assam), Pin-786007 ……..Applicants (By Advocate : Mr. Ajesh Luthra)

Versus

1. Union of India Through its Secretary, Ministry of Home Affairs, North Block, New Delhi-110001

2. The Chief Controller of Accounts (Home), Room No. 127-D, Ministry of Home Affairs, North Block, New Delhi-110001

3. The Director (Accounts) PAD, BSF, Pushpa Bhawan, Madangir, New Delhi-62

4. The Director General (BSF) CGO Complex, Lodhi Road, New Delhi ……Respondents (By Advocate : Mr. Ranjan Tyagi)

ORDER Hon'ble Dr. Sumeet Jerath, Member (A) :

The instant OA has been filed by the applicants under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-

“1) direct the respondents to forthwith convene DPC(s) for consideration of the applicants for purposes of their promotion to the next higher post on year-wise panel basis and promote them accordingly, with all consequential benefits, and ii) pass any order/relief/direction(s) may deem fit and proper in the interests of justice in favour of the applicants.”

2. The factual matrix of the case as per the counsel of the applicants is that the applicant nos. 1 to 8 are presently working as Assistant Accounts Officer (AAOs) in Pay & Accounts Division (PAD) cadre of Border Security Force. They were promoted to the said post vide order dated 03.07.2006. Earlier, the post was known as Junior Accounts Officer, which was later re- designated as Assistant Accounts Officer vide orders dated 27.05.2009 and 16.06.2009. The applicants fulfilled all the eligibility conditions for promotion to the post of Senior Accounts Officer/Accounts Officer as per the applicable Recruitment Rules, which require five years of service for promotion. Their names also appeared in the relevant seniority list. Several vacancies existed in the cadre of Accounts Officer in PAD than. These vacancies arose due to the retirement of officers on

01.02.2013, 01.03.2014 and 30.06.2014, and also due to the promotion of three Senior Accounts Officers to the post of Assistant Director (Accounts) vide order dated 21.02.2012. Despite the availability of vacancies and eligibility of the applicants, no promotion was granted and the applicants have been

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