Excelsior Correspondent
JAMMU, Mar 15: A bench of Central Administrative Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur has directed the official respondents to revisit the Government Order dated 265 PDD of 2008 dated 4.08.2008 issued by Commissioner Secretary Power Development Department regarding seniority of engineers.
Moreover, the CAT has directed for making necessary corrections in case the impugned list has been prepared in violation of principle of law regarding seniority to be respected within a period of two months from the date of receipt of certified copy of this order provided also that the applicant considered for temporary arrangement does not suffer from any impediment or disqualification.
However, before taking up the question whether the list is to be corrected or not, the official respondents would consider whether the applicant is eligible to be considered for the post in question.
This significant direction has been passed in a petition filed by Mohammad Shafi Dar seeking direction to the respondents to promote the petitioner on the post of Assistant Executive Engineer with effect from 15-10-1999, the date when the junior of the petitioner namely Abdul Majeed Bhat has been promoted as Assistant Executive Engineer in the Department.
After hearing both the sides, the CAT directed respondents to consider the promotion of the applicant being senior to Abdul Majid Bhat as Assistant Executive Engineer (Civil) notionally from 15.10.1999 to 28.09.2004 and regularly from 29.09.2004 similar to the promotion given to Abdul Majid Bhat by way of Government Order No. 57 PDD of 2007 dated 07.03.2007.
“Although the incharge placement does not confer any right of promotion on the incumbent but the seniors ought to be preferred for such arrangement. It is fairly well settled that even while making ad hoc or incharge appointments to a higher post, the concerned authority shall be under an obligation to take into account the seniority in the lower category”, the CAT said.
“It is only when the regular promotions are made that the DPC can select the candidates and in the process the senior can also be overlooked. Once, there is no selection process involved, the seniority deserves to be respected. Of course it is also a settled law that an adjustment on ad hoc or incharge basis against such post by an officer who did not possess requisite qualification for holding the post would be illegal and is to be taken into consideration while ordering such temporary adjustments”, the CAT further said.
“Looking to the fact of the case, more particularly the seniority list, direction is issued to the official respondents to revisit the Government Order dated 265 PDD of 2008 dated 04.08.2008 issued by Commissioner/ Secretary to Government, Power Development Department and make the necessary corrections, in case the impugned list has been prepared in violation of aforementioned principle of law regarding seniority to be respected”, the CAG directed.
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