Srinagar, March 16: In O.A./190/2025 (SRINAGAR)With M.A./212/2025 titled MOHAMMAD HUSSAIN MIR AND OTHERS Vs GENERAL ADMINISTRATIVE DEPARTMENT after hearing CAT Bench ordered as under:-
Learned counsel for the applicants submits that the respondents have not amended the rules in accordance with the Supreme Court’s judgment in R. Prabha Devi & Ors. vs. Government of India, reported in 1988 (2) SCC 233, AIR 1988 SC 902.
However, the Central Government complied with the said judgment and issued an office memorandum on 18-03-1988, stating:
"To avoid such a situation, the following note may be inserted below the relevant service rules/column in the schedule to the Recruitment Rules: Where juniors who have completed their qualifying/eligibility service are being considered for promotion, their seniors would also be considered, provided they are not short of the requisite qualifying/eligibility service by more than half of such qualifying/eligibility service or two years, whichever is less, and have successfully completed their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying/eligibility service."
Learned counsel further submits that, in pursuance of the said judgment, the respondents amended the 2008 Rules to protect the status of seniors. However, no such amendments have been made in the Union Territory of J&K, which has adversely affected the applicants.
Issue Notice. Mr. Shah Aamir and Mr. Waseem Gul, GA, appear for the respondents and seek six weeks’ time to file their response in this regard.
Six weeks’ time is granted.
MA for joint application is allowed.
List this matter on 21-05-2025.
In the meantime, status quo regarding the promotion to the time scale shall be maintained until the final order is passed.
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