Illegal promotion without DPC and competent authority review is revocable; no vested rights accrue from procedural violations.

ORDER

(Final)

1.Per Hon’ble Mr. M.S. Latif, Member (Judl.):- By way of filing this O.A., the applicant seeks following reliefs:

a. Quash/ Set-side the impugned order bearing No. 50 SE(Hyd) Bud of 2023 dated 23.12.2023.

b. Directing the respondents be directed not the disturb the present status of the applicant to the post of Works Supervisor and the respondents be further release the salary of the applicant regularly.

c. Issue such other appropriate order or direction this Hon'ble Tribunal deems necessary in the facts and circumstances of the instant case.

2. Alongside the main reliefs, the applicants also seek for interim relief:

Till the final disposal of the instant O.A, it is therefore prayed that this Hon'ble Court may be pleased to Stay the operation of order bearing No. 50 SE(Hyd) Bud of 2023 dated 23.12.2023. Any other order or irection which the Hon'ble Tribunal may deem fit and proper in the given facts and circumstances of the case be also passed in favour of the applicant and against the respondents.

3. As stated in the O.A. and submitted by learned counsel for the applicant, Mr. Ahmad Javid, vide order dated 23.11.1984, the applicant was engaged as a Helper in the respondent department. Vide Order No. 85 SE/(Hyd) Estt of 2014-15 dated 02.08.2014, the applicant being ITI Diploma in Trade of Plumber and a member of Backward Area was promoted as Assistant Lineman at PHE Division Budgam in the pay scale of Rs. 4440-7440-1300 to Rs. 4440-7440- 1400 and was posted at PHE Division Chadoora. To this effect, the applicant has also annexed Minutes of the Departmental Promotion Committee (DPC) dated 02.08.2014 as Annexure-III of the O.A. Further, vide Order dated 01.01.2018, the applicant was promoted as Lineman in the pay scale of 5200-20200 + 1900 GP , a and was posted at PHE Division Budgam. The applicant served as a Lineman from the year 2018 to 2020 and vide Order No. 335 SE/Hyd/Estt of 2020 dated 20.03.2020, the applicant was promoted as Works Supervisor in the pay grade of Rs. 5200-20200 + 2400 and was posted at Budgam.

4. It is stated in the O.A. that vide order dated 01.01.2018, the private respondent no. 5 (Farooq Ahmad Dar), who belongs to another trade, was promoted as Fitter. However, in the year 2022, the private respondent (Farooq Ahmad Dar) filed an O.A./1221/2022 before this Tribunal with the prayer to accord him due consideration for promotion to the post of Supervisor as per seniority w.e.f. the date, the applicant herein (Abdul Rashid Bhat), was promoted or his promotion order be set aside. The O.A. was disposed of by directing the respondents to accord due consideration in favour of the applicant therein, in accordance with rules, seniority and entitlement and in case, the applicant therein is found to be senior to the private respondent/applicant herein.

5. The applicant herein is aggrieved of the impugned order bearing Order No. 50-SE (Hyd) Bud of 2023 dated 23.12.2023, , a whereby the promotion order of the applicant dated 20.03.2020 has been revoked with immediate effect. The impugned order reads as under:

“Whereas, the required rules during the process of promotion in favor of Mr. Ab Rashid Bhat hasn't been followed and therefore promotion order stands issued in violation of the Standing rules.

Therefore, keeping above in view and as directed by the Chief Engineer Kashmir PHE Department Srinagar vide his No-JSD/Estt/32054-57 dated:-21.12.2023 dt- 16.10.2019, the promotion order issued vide No:- 335/SE/Hyd/Estt of 2020 dated:-20.03.2020 issued No:- 7881-82 dated:- 20.03.2020 is hereby revoked with immediate effect.”

6. The applicant has filed the instant O.A. seeking relief on va