Unresolved Justice: J&K Officer’s Promotion and Regularization Remain in Limbo After Tribunal’s Order”
||Black and White Digital News ||
||Parvinder Singh January 15,2025 ||
In a landmark decision dated 17 th December 2024 the Central Administrative Tribunal (CAT) directed the Jammu and Kashmir administration to regularize and promote an In-Charge Divisional Architect from the Scheduled Caste (SC) category under the J&K Reservation Rules, 2005. The ruling quashed two contentious government orders that hindered the applicant’s career progression and reaffirmed the constitutional mandate for reservation in promotions.
Background of the Case:
The applicant, serving as an In-Charge Divisional Architect since April 23, 2013, had not been regularized or promoted for over a decade despite fulfilling eligibility criteria. This prolonged stagnation, argued by the applicant, violated fair promotion practices and the provisions enshrined in the J&K Reservation Rules, 2005.
Two key government actions were challenged:
1. Government Order No. 22-JK(HUD) of 2023: Assigned look-after charges of the Chief Architect position to another officer, sidelining the applicant.
2. Circular No. 10-JK(GAD) of 2021: Directed administrative secretaries to keep reserved category slots vacant, effectively barring promotions under reservation rules.
Tribunal’s Observations and Rulings:
The CAT made critical observations and issued directives grounded in constitutional principles and judicial precedents:
Key Observations
1. Relaxed Standards for Reserved Categories: The Tribunal reiterated that reserved category officers are entitled to relaxed standards for promotions to posts with pay scales up to Deputy Secretary, per Rule 12 of the J&K Reservation Rules, 2005.
2. Stagnation Hampers Efficiency: Citing Supreme Court judgments, such as Raghunath Prasad Singh vs. Secretary, Home Department and Dr. O.Z. Hussain vs. Union of India, the Tribunal emphasized the necessity of at least two career promotions for public service efficiency and employee motivation.
Directives Issued
1. Regularization as Divisional Architect: The applicant must be regularized retrospectively from April 23, 2013, with all consequential benefits.
2. Consideration for Senior Architect Promotion: The applicant’s case should be reviewed for promotion to Senior Architect from 2020, after seven years of service as Divisional Architect.
3. Quashing Impugned Orders:
• Government Order No. 22-JK(HUD) of 2023 was annulled.
• Circular No. 10-JK(GAD) of 2021, barring reserved category promotions, was declared invalid.
4. Timeline for Compliance: The respondents were directed to comply with the order within two months.
Implications of the Ruling
1. Precedent for Reserved Category Employees: This ruling underscores the necessity for timely regularization and promotion of reserved category employees, reinforcing their rights under the J&K Reservation Rules and the Constitution of India.
2. Accountability in Policy Implementation: The annulment of the 2021 circular highlights the government’s obligation to adhere to reservation mandates and avoid procedural delays that undermine employee rights.
3. Systemic Impact: The decision challenges administrative practices that have perpetuated stagnation among reserved category employees, urging reforms in promotion policies across J&K.
Future Prospects and Challenges:
While the applicant has been granted retrospective regularization and consideration for the Senior Architect post, the Tribunal left open the possibility of further legal action should eligibility for the Chief Architect position arise.
For J&K Administration:
The administration faces mounting pressure to address systemic delays and ensure compliance with reservation rules. Failure to implement the Tribunal’s directives could invite contempt proceedings and undermine trust in governance.
Broader Policy Reforms
This case underscores the need for:
• Comprehensive data collection on reserved category representation to justify reservations in promotions.
• Streamlining promotion processes to avoid prolonged stagnation.
• Aligning administrative practices with constitutional principles and judicial directives.
The CAT’s ruling marks a pivotal moment in the ongoing discourse on reservation in promotions in Jammu and Kashmir. By ordering the regularization and promotion of a reserved category officer, the Tribunal has reaffirmed the principles of social justice and equality. This decision not only ensures career progression for the applicant but also sets a precedent for addressing systemic inequities faced by reserved category employees across the Union Territory.
