Central Administrative Tribunal
Ashutosh Kumar vs MINISTRY OF INFORMATION AND BROADCASTING on 22 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE
Order Sheet
Item no.: 4
O.A./399/2026 (BANGALORE)
[ LDCE FOR PROMOTION ]
With
M.A./381/2026
SINGLE APPLICATION
Court No.: 1
No of Adjournment:
Order Dated: 22/10/2026
ASHUTOSH KUMAR
Vs
MINISTRY OF INFORMATION AND BROADCASTING
For Applicant(s) Advocate : Shri Ravikiran P Pawar For Respondent(s) Advocate :
Order of The Tribunal
Miscellaneous Application No. 381/2026
MA No.381/2026 has been filed by the applicants seeking leave of this Tribunal to file a single application before this Tribunal as the cause of action for the applicants to file the application is same and the nature of relief sought for is also identical.
In view of the common cause shown in terms of Rule 4(5)(a) of the CAT (Procedure)
Rules, 1987, MA No.381/2026 stands allowed and the applicants are permitted to join together and to maintain a single application before this Tribunal.
Original Application No. 399/2026
Learned counsel appearing for the applicants has filed a memo dated 22.10.2026 along with the copies of the following documents:-
i) Letter dated 12.06.2026 issued by Prasar Bharati to the Secretary.
ii) Letter dated ..10.2026 issued by the Under Secretary, Department of Personnel and Training (DoPT).
The same is taken on record.
Issue notice to the respondents returnable by 03.12.2026.
Orders on interim relief:
The applicants are challenging the eligibility condition prescribed in the Circular dated 14.08.2026 (Annexure A1) relating to the Limited Departmental Competitive Examination (LDCE) for the promotion of Senior Engineering Assistants (SEA) to the grade of Assistant Engineer (AE) followed by the Circular instructions dated 30.09.2026 issued by Prasar Bharati inter alia seeking other reliefs associated therewith, including extension/revision of the SEA status eligibility cut-off from 01.01.2026 to 01.07.2026 for AE LDCE-2026 as a one-time measure for these applicants.
Interim relief is sought by the applicants to direct the Respondent Nos. 2 to 7, through the concerned zonal authorities and Heads of Office, to permit all five applicants to register, complete, submit and have their AE LDCE, 2026 by issuing provisional admit cards/allotment of examination centres etc., subject to final eligibility adjudication, pending disposal of this OA.
The circular dated 14.08.2026 prescribes the eligibility. The relevant paragraph reads thus:
“(a) A Senior Engineering Assistant (SEA) who, as on 01.01.2026, is holding the post of SEA and has rendered not less than eight (8) years’ regular service, taken together in the grades of Senior Engineering Assistant (SEA) and Engineering Assistant (EA); and ….”
Indisputedly, the applicants are promoted to the post of SEA vide order dated 29.05.2026 for the vacancy year 2026. The feeder cadre for the post of Assistant Engineer through promotion as per the Prasar Bharati (Broadcasting Corporation of India) (Subordinate Engineering Posts) Recruitment Regulations, 2001 is the post of Senior Engineering Assistant and the requisite criteria is as under:
“Promotion:
From amongst Senior Engineering Assistants with (a) three years regular service in the grade failing which Senior Engineering Assistants with eight years combined regular service in the grade of Senior Engineering Assistant and Engineering Assistant;”
Learned counsel appearing for the applicants is strongly relying on the letter dated 12.06.2026 (Annexure A15) addressed by the Prasar Bharati to the Secretary, Ministry of Information and Broadcasting regarding proposal for seeking relaxation of crucial date of eligibility for promotion from SEA to AE in extant Recruitment Rules. The said letter refers to the Minutes of the Meeting held on 16.01.2026, regarding the relaxations in promotions in Subordinate Engineering cadres and to forward a proposal for seeking relaxation of crucial date of eligibility for promotion from SEA to AE in extant Recruitment Rules.
The following information/documents are furnished as stated therein:
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1) A brief giving details of the proposal with justification (Annexure I)
2) Copies of Assistant Engineer (AE) Recruitment Rules notified on 07.07.1982 and its amendment notified on 03.05.1985 (Annexure II) These two annexures are not accompanied in the present proceedings. Similarly, in the DOPT letter dated ....10.2026 (Annexure A16) referred to by the learned counsel for the applicant it is stated that, as per the provisions of RR, Senior Engineering Assistants with 8 years combined regular service in the grade of Senior Engineering Assistant and Engineering Assistant, as on 1st of January of the year in which the DPC meets will be eligible for the LDCE. As per DOPT guidelines, combined service provisions mentioned in the RRs is not in accordance with DOPT guidelines. The existing RRs, notified way back in the year 1985, are therefore required to be amended accordingly. It is further stated that in so far as conducting the LDCE is concerned, Prasar Bharati cannot prescribe the authority to conduct the examination, scheme and syllabus of the examination for deemed deputationists. Even in this letter there is no clarity inasmuch as DOPT guidelines referred to therein and what is the amendment required to be done to the existing Recruitment Rules, notified way back in the year 1985. In terms of Recruitment Regulations, 2001 dated 15.03.2002, notified in the Gazette of India on 18.03.2002, three years regular service in the grade of Senior Engineering Assistants is mandatory for promotion to the post of Assistant Engineer, failing which Senior Engineering Assistants with eight years combined regular service in the grade of Senior Engineering Assistant and Engineering Assistant. The applicants having accepted the promotion to the post of SEA for the vacancy year 2026 issued vide order dated 29.05.2026, would not become eligible for the post of AE as on 01.01.2026. The claim of the applicants, if considered, would result in the change of feeder cadre from SEA to Engineering Assistant. The incomplete documents (Annexures A15 and A16) strongly relied on behalf of the applicants would not come to their assistance at this length of time, that too, the applicants having accepted the promotion order dated 29.05.2026 without any protest. Moreover, the examination is scheduled on 01.11.2026. Granting the interim relief as sought for by the applicants would open a pandora box for similarly situated candidates to claim similar reliefs or, on the other hand, the same would adversely affect the rights of other similarly situated candidates from participating in the LDCE examination, thereby causing discrimination, hence, we do not find any prima-facie case to grant the interim relief as prayed for. Thus, the interim relief is rejected.
Dr Sanjiv Kumar Member (A) Justice S Sujatha Member (J) Kavya Shree ( ps )