A senior employee has no right to promotion against past vacancy years if they failed to meet the mandatory eligibility conditions, such as qualifying a trade test, by the crucial date prescribed for those vacancies.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Quash the Promotion cum Posting order dated 27.1.2021 (Annexure A 3) issued by respondent no. 3 whereby respondent no.10 to 23 who were junior to the applicants have been promoted from the post of Mate to Skilled category in respective Trades by totally ignoring the applicants who were admittedly senior the respondent no.10 to 23 as the action on the part of the respondents are totally illegal, arbitrary and violative of Article 14 of the Constitution of India:

b) Issue directions to the respondents to consider the applicants for promotion from the post of Mate categories in respective Trades from the date when the persons admittedly junior to the applicants were promoted by keeping in view the fact the applicants were fully eligible for promotion to the post of Skilled category on the date of passing the promotion cum posting order dated 27.1.2021.

c) Pass any other order or direction which this Hon'ble Court may deem fit in the facts and circumstances of the case.

d) Allow the instant OA with cost.

2. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking quashing of the promotion-cum-posting order dated 27.01.2021 issued by respondent No. 3, whereby private respondent Nos. 10 to 23 have been promoted from the post of Mate/Semi-Skilled category to Skilled category in their respective trades. The applicants further seek a direction to the respondents to consider and promote them to Skilled category from the date persons allegedly junior to them were promoted, with all consequential benefits.

3. The brief facts, as pleaded by the applicants, are that they are working as Group ‘C’ employees in Military Engineering Service under the administrative control of Commander Works Engineer, Udhampur. They are serving in different trades, namely Mate Electrician and Mate FGM. According to the applicants, the post of Mate is a Semi-Skilled post and the next promotional post is Skilled category in the respective trade. The applicants claim that they were appointed/borne in the cadre of Mate and were assigned seniority in the cadre. Applicant No. 1, Manohar Lal, was appointed as Mate Electrician on 16.12.2000 and placed at seniority No. 08; applicant No. 2, Pankaj Gupta, was appointed as Mate FGM on 13.03.2014 and placed at seniority No. 57; applicant No. 3, Jagdish Raj, was appointed as Mate FGM on 13.03.2014 and placed at seniority No. 82; applicant No. 4, Gagandeep Singh, was appointed as Mate Electrician on 19.03.2014 and placed at seniority No. 39; applicant No. 5, Vivek Tiwari, was appointed as Mate FGM on 20.03.2014 and placed at seniority No. 61; applicant No. 6, Varun Gupta, was appointed as Mate Electrician on 18.03.2014 and placed at seniority No. 37; applicant No. 7, Ashu Sharma, was appointed as Mate Electrician on 05.03.2014 and placed at seniority No. 38; applicant No. 8, Abhishek Sharma, was appointed as Mate Electrician on 26.12.2015 and placed at seniority No. 98; and applicant No. 9, Sunil Pathania, was appointed as Mate FGM on 30.03.2016 and placed at seniority No. 102.

4. The applicants have pleaded that private respondent Nos. 10 to 23 were also working in the same department/cadre and several of them were junior to the applicants. Their grievance is that while issuing the promotion-cum-posting order dated 27.01.2021, the official