Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 5168

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Ajit Singh – Appellant
Versus
State of Jammu and Kashmir – Respondent
TA 2061/2020|SWP 775/2018

Advocates:
For the Appellants/Petitioners: Pawan K. Kundal
For the Respondents: Rajesh Thappa, Sudesh Magotra

An employee cannot be indefinitely kept on an 'own pay and grade' arrangement to extract higher-level work while simultaneously being denied substantive promotion against available promotional quotas, especially when regulatory age-based training exemptions have been satisfied.

Headnote:(A) Jammu and Kashmir Floriculture (Subordinate) Service Recruitment Rules, 2004 - Promotion vs Direct Recruitment - Service Law - Promotion Quota - Applicants, working as Gardeners, challenged the filling of Junior Assistant posts through direct recruitment while claiming eligibility for promotion - Court observed that an employee working on an 'own pay and grade' basis cannot be denied consideration for promotion indefinitely when promotional vacancies are available and age-related training requirements (Secretariat Assistants Course) are no longer applicable - Arbitrary exclusion from promotion while continuing to extract work on higher posts is impermissible - Respondents directed to consider applicants for promotion against available promotional quota vacancies based on eligibility and seniority.

Facts of the case:
Applicants were engaged as Gardeners and regularized in 1994. They alleged stagnation and claimed the right to be promoted as Junior Assistants. One applicant was placed on 'own pay and grade' but was not regularized. The Department referred the posts to the Service Selection Board for direct recruitment, which the applicants challenged as a violation of the 25% promotional quota.

Findings of Court:
The tribunal found that the departmental rejection of the applicants' promotion claims was based on hyper-technical grounds and failed to account for age exemptions for Secretariat training. It held that while incharge arrangements do not confer automatic rights, the respondents were obligated to fairly consider the applicants' promotions against available vacancies.

Issues: Whether the denial of promotion to the applicants and the filling of vacancies through direct recruitment were arbitrary and violated recruitment rules.

Ratio Decidendi: An administrative arrangement ('own pay and grade') should not be allowed to persist indefinitely to the detriment of an employee's substantive rights. Respondents must ensure fair consideration for promotion where vacancies exist and eligibility criteria are met, particularly when previous training hurdles (age-based) no longer apply.

Result: Transfer Application allowed in part with directions to reconsider claims.

Table of Content
1. summary of the background and procedural history of the transfer application. (Para 1 , 2 , 3 , 4)
2. consolidated arguments regarding stagnation, promotional quota, and recruitment rules. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. tribunal observations on fair consideration for promotion despite administrative arrangements. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. final directions for partial allowance of the application and adherence to rules. (Para 24 , 25)

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No. 775/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 2061/2020 by the Registry of this Tribunal.

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

It is therefore, most humbly prayed that in view of the submissions made hereinabove and those to be urged at present writ petition may kindly be the time of hearing pleased to allow in favour of the writ applicant in the interest of justice equity and fair play:

1. Certiorari, for quashing the advertisement of notice No. 1/2018 dated 02-04-2018 to the extent of serial no. 5 by virtue of which the respondents No. 3 advertised the posts of Junior Assistant to fill the same by direct recruitment along with letter no. Flori/Refer/134/2015 dated 13-12-2017 by virtue of which the respondent No. 1&2 referred the posts of Junior Assistant of promotion quota to the respondent No. 3 to fill the same with direct recruitment whereas, the petitioners during their entire service carrier are not provided even a single promotion and suffering stagnation and going to retire after three to four years.

Certiorari, for quashing the letters no. DFJ/Flori/32/2014 dated 24/05/2017 and DFJ/Estt/3025 dated 28/10/2017 by virtue of which the respondents turned down the proposal of the petitioner for regularization of the petitioner as Junior Assistant without assigning any reason.

Mandamus, commanding and directing the respondents No.1&2 to regularize/promote the petitioners against the post of Junior Assistant from the date the vacancy arose for Junior Assistant in cadre and release the grade attached to the post of Junior Assistant w.e.f date the post of Junior Assistant lying vacant or vacancy arose.

Any other appropriate order or direction as the facts of the case demand just and proper may also be issued in favour of the petitioner and against the respondents.

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

a) The present Transfer Application arises out of SWP No. 775/2018 which was originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu and was subsequently transferred to this Tribunal and registered as T.A. No. 2061/2020.

b) The applicants were initially engaged in the Floriculture Department as Gardeners on daily wage basis on different dates, namely 16.07.1981, 20.07.1981 and 16.10.1983 respectively. After rendering several years of service, they were regularized as Gardeners with effect from 01.04.1994 in the pay scale of ₹4440-7440 with Grade Pay of ₹1300. A tentative seniority list of Gardeners appointed up to 01.04.1995 was issued by the department in which the applicants were placed at Serial Nos. 5, 6 and 7 respectively.

c) The applicants state that despite rendering long service in the department, they were not granted any promotion for decades and continued to work on the same post. According to them, petitioner No.2 was adjusted as Junior Assistant on “own pay and grade” basis vide order dated 15.02.2014. It is further stated that a vacancy of Junior Assistant arose due to the death of one Madan Lal Sharma, and the applicants repeatedly submitted representations requesting the department to consider their cases for promotion against the said vacancy. However, no decision was taken on their representations.

d) The applicants contend that their service conditions are governe

Click Here to Read the rest of this document

2026 Supreme(Online)(CAT) 5168

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative MemberAjit Singh – AppellantVersusState of Jammu and Kashmir – RespondentTA 2061/2020|SWP 775/2018

An employee cannot be indefinitely kept on an 'own pay and grade' arrangement to extract higher-level work while simultaneously being denied substantive promotion against available promotional quotas, especially when regulatory age-based training exemptions have been satisfied.

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Ajit Singh – Appellant
Versus
State of Jammu and Kashmir – Respondent
TA 2061/2020|SWP 775/2018