Central Administrative Tribunal
PANKAJ SHARMA vs POWER DEVELOPMENT DEPARTMENT on 31 December 2024
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O.A. No. 1459/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
Original Application No. 1459/2024
Order Date- 31.12.2024
HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Pankaj Sharma, aged 40 years, S/O Shri Maheshwar Dass, R/O Village Ladhwal Kalan, Tehsil Marheen, District Kathua. Lin Code: - 184148
2. Aseem Kumar, aged 41 years, S/O Shri Ram Rattan Bhagat, R/O H. No. JMC 886, Street No.2, Main Talab Tillo Chowk, Jammu. Lin Code:-180002
3. Vishal Sharma, aged 36 years, S/O Shri Ram Paul Sharma.
R/O Lane No. 55B, Greater Kailash, Jammu.
Pin Code: 180011
…Applicants
(Advocate: - Mr. Arun Dev Singh)
Versus
1. Union Territory of Jammu & Kashmir through Commissioner/Secretary to Government, Jammu & Kashmir Power Development Department, Civil Secretariat, Srinagar/Jammu - 190001/180001
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2. Managing Director, J&K Power Transmission Corporation Limited (JKPTCL),_Grid Station Complex, Janipur, Jammu- 180007
…Respondents
(Advocate:- Mr. Hunar Gupta, Ld DAG)
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ORDER
1. The instant Original Application has been filed by the applicants and applicants have invoked the jurisdiction of this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, through the medium of present OA with the following relief:- i) Direct the respondents for promotion of applicants to the Post of Junior Engineer earlier Sectional Officers Category in Class-B, Class-II as all the applicants possess Degree/ Diploma course as required for the promotional benefits from Draftsman to Junior Engineer Class-II w.e.f. the date, the applicants became eligible. ii) Such other appropriate relief which this Hon'ble Court may deem fit and proper in the given facts and
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circumstances of the case be filed in favour of the applicant as against the respondents.
2. Learned counsel for the applicants submits that applicants are working as Draftsman in Category-B, Class-III and are possessing requisite qualifications i.e. Diploma and Degree in Engineering. vide Order bearing No. 2-PDD of 1989 dated 05.01.1989, the respondents have redesignated the Post of Sectional Officers Electric Class-II as Junior Engineers (Electrical) and on 9.9.2022 the case of applicants was submitted for consideration of promotion from Draftsman to Junior Engineer. On 19.01.2024 , 37th UT Level DPC was conducted and the names of all the applicants figure in that for the promotion of Junior Engineer from Draftsman.
3. Learned counsel for applicants further submitted that Respondents are relying on modification/ amendment of Rule position with respect to the exclusion of the Category-B, Class-III but said modification/ amendment pertains to the promotion to Category-B, Class-I as is mandated in SRO 252 dated 20.06.2017 for filling of the posts of JE(Electric), whereas, the applicants are falling under Class- II for which the applicants are fully eligible and entitled to in view of their qualification possessed by them i.e. the degree /diploma to be promoted as JE Class II from the post of Draftsman.
4. Mr. Hunar Gupta , Ld DAG has appeared for respondents.
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5. With the aforesaid submissions, learned counsel for the applicants submitted that the applicants would be satisfied if a direction will be issued to the respondents to treat this OA as representation and consider the case of the applicants in light of the above-mentioned facts in a time bound manner specially keeping the fact that the applicants do not fall within the domain of 20.06.2017 amendment.
6. Looking into the limited prayer made by the learned counsel for the applicants the original application is disposed of at the admission stage itself with the direction to the respondents to treat this OA as representation and consider the case of the applicants for the purpose of their promotion to the post of Junior Engineer in Class B (Class II), in light of aforementioned pleadings strictly accordance with the law governing the field, subject to availability of posts and their eligibility under rules by passing a reasoned and speaking order.
6. The said exercise shall be completed with in 4 weeks from the receipt of certified copy of this order.
7. No cost.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
MEMBER (A)
MEMBER (J)
Vs/