RAKESH ROSHAN TICKOO AND ORS vs RELIEF AND RAHABILITATION DEPARTMENT on 4 November 2026

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ahay Saksena, Administrative Membe n under Section 19 of the Administrative filed by the applicants. The facts of th inal Application (O.A.), are that they Tasking Workers (MTS)-Class-IV pursu cial Package for Kashmiri Migrants dur d 2017 and are in active service in Dep ent, Relief, Rehabilitation and Reco . The request of the applicants for prom tent persuation and finally the G tmental Promotion Committee (DPC) vid 2022 dated 21.07.2022. The meeting o

023. The DPC considered the cases of 2 e posts of drivers for promotion on Supe uested the administrative Department fo that no recruitment rules were in ts were to be created in proportion to t vernment order No. 34-JK (DMRRR) of 2 was not done. This matter was again di of the DMRRR held on 21.07.2023 a gible employees whose promotion was p held on 29.04.2023 be promoted as pe d on 20.10.2023 and it was decided considered for promotion after the er) e Tribunals he case, as have been uant to the ring various partment of onstruction motion was Government de order No. of the DPC 20 class IV ernumerary or advice in place and the existing 2022 dated iscussed in and it was put on hold r the rules. d that the receipt of

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clarification from th Administrative Dep employees approach treat the O.A. as re reasoned and speak 07.12.2024, the claim recruitment rules. applicants to seek Government. The res their claim on the str to sustain their cl Aggrieved by this or the present O.A. claim

(a) To quas passed by Respond

(b) To direc to the post of Juni procedures adopte dated 29.07.2022 a applicants in the li 2024 and No. 1998

(c) To direc from the date on applicants was con

(d) To red applicants as a res

(e) Any oth and proper may al against the respond

2. The responde Organisation was cr ::4 :: O

he General Administrative Departmen partment, DMRRR. Meanwhile the ed this Tribunal who directed the resp epresentation and decide the same by king order. Finally, vide the Order No. m of the applicants was rejected citing The respondents also rejected the k parity with cases already decide spondents stated that the applicants ca rength of the cases cited by them and a laim based on legal and justifiable rder dated 07.12.2024, the applicants ming the following reliefs:- sh and set aside the order dated 0 ent No. 2. ct the respondents to promote the a ior Assistant by applying the same d in Government Order No. 30 of R and to accord the benefits of promo ight of Government Orders No. 635-J 8-JK (GAD) of 2024. ct the respondents to promote the a n which the initial DPC for prom nducted. dress the loss of seniority incurre sult of the delays caused by the resp her order which this Tribunal may lso be passed in favour of the appli dents. nts filed an objection stating that reated in 1990 as a temporary organ nt and the aggrieved pondents to y passing a 146 dated absence of e claim of ed by the an not base are required e grounds. s have filed 07.12.2024 applicants rules and RRCM-2022 tion to the JK (GAD) of applicants moting the ed by the ondents. y deem fit icants and the Relief nization for

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implementing relief m till date. The staff h amongst the officials The Relief Organisat was created out o provisioning of staff Departments contin Government Order pursuance to the A progression of PM’s creation of supernum of employees employ supernumerary post be based on seniorit also creation of sup ratio for the said pos further examined by asked for clarificati employees appointed existing ratio in the under the Governm 22.06.2022 in the a recruitment rules is are not framed or co rules in DMRRR nor ::5 :: O

measures for Kashmiri migrants and is has been filled up by internal adjust s of Revenue Department and other De tion has no recruitment rules of its ow of Revenue Department on 31.12.2 by internal arrangement from Revenue nues till date. The respondents i No. 34-JK (DMRRR) dated 22.0 Administrative Council decision for s Package employees. The order pr merary posts at higher level for career p yed under the PM’s Package by way o ts at lower level. The promotion thus ty and eligibility as per the recruitment pernumerary posts in proportion to th sts given in the recruitment rules. The y the General Administration Departm ion regarding criteria applied for pro d under the PM’s Package without worki e regular cadre or recruitment rules a ment Order No. 34-JK DMRRR of 2 absence of recruitment rules. Thus, e essential for promotion of the applica ontemplated. Since there are neither r r in the Relief Organisation and unless continuing tment from epartments. wn. DMRRR 2016. The e and other issued the 06.2022 in the career rovides for progression of reducing made shall t rules and he existing matter was ment which omotion of ing out any as required 2022 dated existence of ants, which recruitment s these are

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framed or recruitme which is a prerequ Government order N the applicants can fundamental right o there is fundamen accordance with the are not farmed or Government order d applicants.

3. The applicants have been denied pro been granted one pr promoted to the p treatment is causin applicants.

4. The learned D created in 1990 as measures for Kashm Organisation or the per the Government promotion of the app as per the recruitmen in proportion to the recruitment rules. T ::6 :: O

ent rules of any other organisation ar uisite for promotion as laid down

o. 34-JK (DMRRR) dated 22.06.2022, t not be considered. So, there is no of promotion. However, it is well-settle ntal right of consideration for pro e recruitment rules. Since the recruit contemplated, the respondents have ated 07.12.2024 rightly rejecting the c s filed a rejoinder stating that while the omotion, similarly placed employees ha romotion as Junior Assistant, but have post of Senior Assistant. Such disc ng grave injustice and irreparable lo DAG argued that the Relief Organis a temporary organization for impleme miri migrants and is continuing till date DMRRR has no recruitment rules of i Order No. 34-JK (DMRRR) dated 22.06 plicants shall be based on seniority an nt rules and also creation of supernum e existing ratio for the said posts gi Thus, existence of recruitment rules i re adopted, under the the claim of vested or ed law that omotion in ment rules issued the claim of the e applicants ave not only e also been criminatory oss to the sation was enting relief . The Relief its own. As 6.2022, the nd eligibility merary posts iven in the is essential

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for promotion of contemplated. There granted. The parity r employees was not a the judgement of Chandigarh Adminis held in this judgmen cited by another sim the plea of non-disc can not be made authority to repeat respondents dated 0 legally valid. Therefor

5. The learned co of the respondents Junior Assistant to t basis vide order da employees have als Assistant, while the Junior Assistant, cau

6. Heard the lear DAG appearing on be placed on record and

7. The central iss of the applicants ev ::7 :: O

the applicants, which are not efore, the claim of the applicants c requested by the applicants with simil available. In this context, reliance was the Hon’ble Supreme Court in th stration V/s. Jagjit Singh (1995) 1 SCC nt that the decision in a particular case milarly placed person to claim the same crimination. If the first order is illegal the ground for issuing a writ comp t the illegality. The order of the 07.12.2024 rejecting the claim of the ap re, the applicants are not entitled to an ounsel for the applicants rebutted the by placing the focus on grant of pro the similarly placed employees on supe ated 29.07.2022. It is further stated so been granted another promotion e applicants have been denied the pro using them irreparable loss. rned counsel for the applicants and t ehalf of the respondents and perused th d that available in public domain. sue in the O.A. is the permissibility of ven in the absence of relevant recruit farmed or can not be larly placed s placed on he case of

745. It was can not be e benefit on , then that pelling the answering pplicants is ny relief. arguments omotion as ernumerary that these as Senior omotion as the learned he material f promotion ment rules

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when similarly sit promotion. The con promotion has been catena of judgments and the principles la Fundamental Legal The Hon’ble Suprem of promotions, sign relevant recruitmen employees through k State of Madhya Pra (2025 INSC 70).

(i) Parity and R Situated Employees  Saliant points State of Mad 2026), the Ho promotion or while granting employees of th  Constitutiona and 16 of the before the law  Facts of the years of servi ::8 :: O

tuated employees were given the nstitutional jurisprudence of the serv n enunciated by the Hon’ble Supreme s.The judgements of the Hon’ble Supr aid down are as follows:- Principles for matters concerning pr me Court of India has dealt with the pe nificance of executive orders in the nt rules, and parity among similarl key recent rulings, notably Kamal Prasa adesh (2026 INSC 353) and Dr. Sharm elaxation of Qualification based on s s of the decision: In Kamal Prasad dhya Pradesh (judgment delivered on on’ble Apex Court held that arbitrari qualification relaxation to an eligible g the exact same benefit to similarl he same class is illegal. al Basis: Such selective denial violates Constitution of India, which guarant and equal opportunity in public employ Case: The appellant—an employee wi ice—was denied promotion to Society benefit of ice law on Court in a reme Court romotions rmissibility absence of ly situated ad Dubey v. mad v. State n Similarly d Dubey v. n 10th April ily refusing e employee ly situated Articles 14 tee equality yment. ith over 28 y Manager

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because he la though the g experience, an qualifications promotion. Th Court's denial relaxation be e

(ii) Permissibility of Recruitment Rul  Ruling: InDr. January 2025 absence of sta under Article 3 orders, govern govern eligibili

8. The applicants possess the right discrimination within concerned. That th promotion is not refu No. 34-JK (DMRRR parity in promotion o Package with the re not accepted that th similarly placed emp ::9 :: O

acked a specific educational qualifica governing rules permitted relaxation nd two similarly situated colleagues wit had already been granted relax he Hon’ble Supreme Court set aside and ordered that the benefit of prom extended to the appellant. y of Promotion / Recruitment in th les Sharmad v. State (judgement deliver 5), the Hon’ble Supreme Court held t atutory recruitment rules (such as ru 309 of the Constitution), validly issued nment orders, or administrative instru ty criteria, appointments, and promotio s have argued that the applicants une to promotion and that there shou n the same class in so far as grant of pr e applicants are entitled to be cons uted by the respondents as the Governm R) dated 22.06.2022 recognises the p of the employees appointed under the H gular employees. However, the respon he applicants should be treated on pa ployees who were granted the benefit of ation, even based on th identical xation and e the High motion and he Absence red on 10th that in the ules framed d executive uctions can ons. equivocably uld be no romotion is sidered for ment Order principle of Hon’ble PM ndents have ar with the f promotion

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vide the Government In this context the Hon’ble Supreme Co Jagjit Singh (1995) 1 an illegal or unwarra be used as a basis authority to repeat the respondents, w conclusively demons 29.07.2022 is illega citation of the judg 29.07.2022 is illegal applicants for prom weak. Simple raisi Administration Depa employees under the and has not even Therefore, the judgem thus distinguishable deny the benefit of have been granted 29.07.2022. Further are no recruitmen prerequisite for prom can not be granted. ::10 :: O

t Order No. 30 of RRCM-2022 dated 2 respondents have cited the judgem urt in the case of Chandigarh Administ 1 SCC745. The Hon’ble Supreme Cour anted order passed in favor of one per s to claim "negative equality" or forc the same illegality for another person while citing this judgement, have strate that the Order No. 30 of RRCM -2 al or invalid or that it has been repe gement and not stating that the o l and can not be used to support the c motion makes the argument of the re ing of clarification/objection by th artment about the criteria used in pr e Hon’ble PM’s Package does not make been so acknowledged by the re ment of the Chandigarh Administration e from the present case and can not promotion when the similarly placed this benefit vide the Government O r, the respondents have argued that s t rules (or even contemplated), w motion, the claim of the applicants for This Tribunal does not accept this log

29.07.2022. ment of the tration v/s. rt held that son cannot ce a public

n. However, failed to 2022 dated ealed. Mere rder dated claim of the espondents he General romotion of this illegal espondents. n (Supra) is be used to employees Order dated since there which is a r promotion gic. As has

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been clearly recognis untenable as even validly issued execut instructions can g promotions. When promoted by the re Assistants and secon by the respondents) the applicants, who can be promoted on Instruction and th Government Order d the employees em promotion. It only conditions and also the existing ratio. formulating recruitm orders/instructions, Therefore, the O.A.sh

9. In view of the Order No. 146 date directed to promote determining their el eligibility through i determining the con ::11 :: O

sed by the Hon’ble Supreme Court, th in the absence of statutory recruitm tive orders, government orders, or adm govern eligibility criteria, appointm the similarly situated employees h espondents, not once, but twice, first ndly as Senior Assistants (this claim is there is a presumption of legality in pr are similarly situated. Therefore, the the basis of an appropriate Governmen here is no legal bar in issuing th dated 22.06.2022 clearly recognises t ployed under the Hon’ble PM’s P requires prescription of seniority and creation of supernumerary posts in pr These requirements could be f ment rules or even issuing appropriate G in case the statutory rules do hall succeed. above, the O.A. is allowed and the G ed 07.12.2024 is quashed. The respo the applicants to the post of Junior A ligibility against the conditions of sen ssue of appropriate administrative in nditions of promotion. The promotion his stand is ment rules, ministrative ments, and have been as Junior not refuted romotion of applicants nt Order or hat as the he right of Package to d eligibility roportion to fulfilled by Government not exist. Government ndents are Assistant by niority and nstructions n shall be

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effective from the da applicants. They sha result of the delays i completed within tw this order.

10. No order as to (Pragya Sahay Administrative

Poojasoni…

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ate the initial DPC was convened to p all also be entitled to protection of sen in the promotion process. This exercise welve weeks from the receipt of a certif costs. Saksena)

(Sanjeev G e Member

Judicial M .A. No. 88/2025 promote the niority as a e should be fied copy of

Gupta) Member

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