Rajinder Singh Dogra, Member J
Miscellaneous Application No. 1958/2025
1. The present Miscellaneous Application filed by the applicants under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987, seeking permission to join and pursue the Original Application (O.A.) collectively, is allowed.
Accordingly, the applicants are hereby granted permission to join and proceed with the Original Application collectively.
Original Application No. 2063/2025
The present Original Application has been filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
i. Quash letter no. PDD/HRM/04/2024-05-PDD dated 15.12.2025 whereby the respondent no.3 has directed the Director Managing JKPCL/ JPDCL/ KPDCL/JKPDC/ CVPPPL, Secretary Joint Electricity Regulatory Commission J&K and Chief Electric Inspector J&K Jammu to furnish the vigilance clearance in favour of private respondents in order to adjust/ place the private respondents to the post of In-charge Executive Engineers in their own pay and grade excluding the applicants from the aforesaid exercise when the applicants are senior to the private respondents;
ii. Direct the respondents 1 to 3 to direct the concerned Departments where the applicants are presently posted to furnish their APRs, Vigilance clearance alongwith work and conduct certificate so that the applicants can be considered for their placement as In-charge Executive Engineers in their own pay and grade over and above the private respondents in view of the fact that the applicants are figuring higher in the seniority lists of Junior Engineers (Electric) Degree holders issued by the respondents read with tentative seniority list of Junior Engineers (Electric) Degree holders issued by the respondents from time to time;
iii. Direct the respondents 1 to 3 to consider the cases of the applicants for their promotion as Executive Engineers (Electric) Degree holders on officiating basis over and above the private respondents, who are admittedly junior the applicants;
Any other relief, which this Hon'ble Tribunal in the facts and circumstances of the case deems fit and proper may also kindly be passed in favour of the applicants.
2. At the outset learned counsel for the applicants submitted that the applicants would be satisfied if the present Original Application is disposed of with a direction to the respondents to treat this O.A. as a representation and decide the same within a fixed timeframe.
3. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicants, it is deemed appropriate to dispose of the present Original Application with a direction to the respondents to treat a copy of this O.A. as a formal representation of the applicants. The respondents shall pass a reasoned and speaking order after considering the cases of the applicants for promotion/placement as In-charge Executive Engineer along with degree holders/private respondents.
4. Further, the concerned departments where the applicants are presently posted are directed to furnish APRs, Vigilance clearance alongwith work and conduct certificate pertaining to the applicants so that the applicants can be considered for their placement as In-charge Executive Engineers in their own pay and grade over and above the private respondents in view of the fact that the applicants are figuring higher in the seniority lists of Junior Engineers (Electric) Degree holders issued by the respondents read with tentative seniority list of Junior Engineers (Electric) Degree holders issued by the respondents from time to time.
5. The entire exercise shall be completed within a period of six weeks from the date of receipt of a certified copy of this order.
6. Until the representation of the applicants remain pending with the respondent Department, no promotion shall be made.
7. With the above directions, the Original Application stands disposed of. No order as to costs.
