ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

1. Allow this Original application of the applicant.

П. Quash/Set aside the order impugned no. 118 DH&HJ of 2024 dated 06-07-2024 issued by respondent NO. 2 in so called compliance of order/judgment dated 13-12-2023 passed by this Hon'ble Tribunal.

III. Direct the respondents to immediately release the monetary benefits/arrears of second time bound in-situ promotion in favour of the applicant from the date the applicant was due and entitled to for the same with interest atleast @12% per annum from the date it is due to the applicant till its realization.

IV. Any other relief which this Hon'ble Tribunal may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the applicant and against the respondents.

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Surinder Singh Jasrotia, filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 challenging order No.118 DH&HJ of 2024 dated 06.07.2024 issued by respondent No.2 and seeking release of monetary benefits of the second time bound in-situ promotion along with arrears and interest.

b) As pleaded by the applicant, he was appointed as Junior Assistant on 04.07.1987 after being selected through the Jammu and Kashmir Services Selection Recruitment Board. During the course of his service he was promoted as Accountant-cum-Store Keeper in the year 1988. Thereafter he was granted the benefit of first time bound promotion in the year 1998. The applicant continued to serve the department for more than thirty-five years and ultimately retired on attaining the age of superannuation on 31.08.2022.

c) The applicant submits that the Government introduced the J&K Civil Services Higher Standard Pay Scale Scheme under SRO 14 dated 15.01.1996, which came into force with effect from 01.01.1995. The said scheme provided that a non-gazetted employee who had not received regular promotion during his service career would be entitled to higher standard pay scales on completion of the prescribed length of service. Under the scheme an employee could receive two in-situ promotions during his service tenure subject to fulfillment of eligibility conditions.

d) According to the applicant, in terms of the said scheme he was granted the first time bound promotion in the pay scale of Rs.5150-150-8300 in the year 1998. As he did not receive any further functional promotion thereafter, he became entitled to the second in-situ promotion around the year 2006-2007. However, despite becoming eligible, the benefit was not granted to him by the department.

e) The applicant further submits that the service records and related documents of employees are normally maintained by the concerned Drawing and Disbursing Officer and it is the responsibility of the department to initiate the process for grant of in-situ promotion. In the present case, however, the authorities allegedly failed to take timely action. The matter was first formally recommended in the year 2012 when the Assistant Director, Handloom Development Department, Kathua forwarded the case of the applicant along with other employees to the higher authorities for consideration of second time bound promotion.

f) Subsequently, the Deputy Director, Handloom Department, Jammu sought vigilance clearance and further recommended the case of the applicant for grant of the second in-situ promotion. Despite such recommendations, the matter remained pending for several years without any final decision. Thereafter further communications were issued in the years 2019, 2020 and 2021 requesting the competent authority to process the case of the applicant.

g) It is the case of the applicant that while his case remained pen