Deferring promotion regularization pending revised rules is discriminatory under Articles 14 & 16 when existing rules were applied to similarly situated employees, mandating parity and consideration based on established eligibility and seniority.

O R D E R

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

Through the medium of the instant OA, applicant seeks following reliefs:-

“(a) By an appropriate order or direction, whereby the impugned order No.33-L&E of 2023 dated 20.06.2023 issued by the respondent No.1 be quashed and declared null and void;

(b) By an appropriate order or direction, whereby respondents more particularly respondent No.2 and 3 be restrained from giving effect to the impugned order for not accorded further consideration to his case;

(c) By an appropriate order or direction, whereby the respondents be directed to consider and pass formal regularization/confirmation order of promotion of the applicant to the post of Assistant Director Employment retrospectively from the year 2004 i.e. from 14.07.2004 and release all service/consequential benefits from the said date accordingly in favour of the applicant;

(d) By an appropriate order or direction in the nature of mandamus commanding the respondents more particularly respondent No.3 to consider the case of the applicant for formal regularization on the basis of communications time and again made by respondents 1 and 2 more particularly communication dated 04.04.2012 and 19.02.2018 and accord him the same treatment as well as has been accorded to the similarly situated employees vide orders dated 09.02.2001 and 28.10.2009, with further direction to respondent No.1 to produce whole record pertaining to the process initiated by him for according formal confirmation/regularization to the promotion of the applicant against the post of Assistant Director Employment and also measures taken by him for finalizing the revised rules before this Hon’ble Tribunal for onwards consideration.”

2. Alongside the main relief in the OA, the applicant has sought for interim relief for staying the impugned order No.33-L&E of 2023 dated 20.06.2023 issued by respondent No.1 with further direction to respondents, more particularly respondents No.2 & 3, to finalize the revision of the recruitment rules and accord consideration to the promotion of the applicant till consideration of the main OA.

3. The facts of the case, as submitted by the applicant in the instant OA, are reproduced as under:-

(i) The applicant was appointed as Junior Employment Officer vide order No.44-ED of 1999 dated 15.04.1999. According to the applicant and as per the recruitment rules, he was promoted and allowed to function as Assistant Director Employment as his next promotion, but right from the year 2004, no confirmation is being accorded by the respondents for confirmation and regularization of his promotion.

(ii) Prior to the applicant’s appointment, Government order No.11-ED of 1998 was passed on the basis of cabinet decision whereunder the respondent department was re- organized and along with some other posts, 14 posts of Assistant Directors were also created and certain Junior Employment Officers, who were working in the department, were considered for formal promotion to the posts of Assistant Director Employment after conducting a formal DPC vide order No.11-L&E of 2001 dated 09.02.2001. The above referred promotion order was issued by the then authorities on the basis of minutes of meeting conducted by the then committee on 17.10.2000, who were deliberating the issue whether the Technical Assistants who are holding the higher grade than the Junior Employment Officers can be made feeding cadre for the promotion to the post of Assistant Director Employment and it was decided accordingly, but so far as