Central Administrative Tribunal - Ernakulam
Ajith K S vs M/O Defence on 24 July, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00177/2017
Thursday this the 24th day of July 2025
CO RAM :
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
Ajith.K.S.,
MES/109938, Aged 53 years,
S/o.K.Sreedhara Panciker,
Electrician, HIS, Military Engineer Services,
O/o.the Garrison Engineer (Army),
Thirumala P.O., Trivandrum - 695 006.
Residing at Ushus, Vazhavilakam,
P.O. Balaramapuram, Trivandrum - 695 501. ...Applicant
(By Advocates Mr.P.K.Madhusoodhanan & Mr.Binoy Krishna.P.M)
versus
1. The Chief Engineer,
Head Quarters, Southern Command,
Pune - 411 001.
2. The Engineer-in-Chief,
Engineer-in-Chief's Branch,
Army Head Quarters, Kashmir House,
D.H.Q. P.O., Rajaji Marg, New Delhi - 110 011.
3. The Commander Works Engineers,
Military Engineer Services,
Wellington, Barracks Post,
Nilgris - 643 231, Tamil Nadu.
4. The Garrison Engineer (Army),
Military Engineer Services,
Thirumala P.O., Trivandrum - 695 006.
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5. Union of India represented by its Secretary,
Ministry of Defence, South Block,
New Delhi - 110 001. ...Respondents
(By Advocate Mr.Thomas Mathew Nellimoottil, Sr.PCGC)
This application having been heard on 15th July, 2025 the Tribunal
on 24th July 2025 delivered the following :
ORDER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER Having heard both sides in extenso, the following order is passed -
The applicant in this case is an Electrician Highly Skilled I in the Military Engineers Services (MES), Trivandrum. The 1 st respondent, is the Chief Engineer, Head Quarters, Southern Command, Pune. The applicant is aggrieved by non consideration for promotion to the vacancies of Junior Engineer, Electrical/Mechanical against the 20% promotion quota since the year 2012 while filling up the direct recruitment vacancies of Junior Engineer Electrical/Mechanical every year. The applicant's educational qualifications are as under -
1. Pass in SSLC,
2. ITI certificate course in Electrician Trade
3. Diploma in Electrical Engineering with first class A S Peethambaran 2025.07.24 14:09:31+05'30' -3- A copy of the relevant certificate has been produced as Annexure A-1. The applicant joined Military Engineer Service on 21.07.1988 as Switch Board Attendant. The post of Switch Board Attendant was later redesignated as Electrician (SK) in scale Rs.950-1500. He was promoted as Electrician (HS-II) with effect from 01.01.2006 in scale PB-1, Rs.5200-20200 + Grade Pay Rs.2400/-. He was again promoted as Electrician (HS-I) with effect from 01.02.2008 in scale PB-1, Rs.5200- 20200 + Grade Pay Rs.2800/-, which was the post he was working at the time of filing of the O.A. It is his claim that in spite of existence of vacancies of Junior Engineer Electrical/Mechanical against 20% promotion quota for which he was fully eligible and qualified for consideration for promotion, the respondents have not filled up these vacancies since 2012, denying the fundamental right to him to be considered for promotion as Junior Engineer Electrical/Mechanical. He is, therefore, aggrieved.
2. It is submitted that direct recruitment and promotion to the post of Junior Engineer Electrical/Mechanical is governed by SRO 45 dated 06.05.2008, produced as Annexure A-2. It is indicated therein that percentage of posts of Junior Engineer Electrical/Mechanical to be filled by various methods are prescribed ; (i) 80% by direct recruitment (ii) 20% by promotion failing which by direct recruitment. It was stipulated A S Peethambaran 2025.07.24 14:09:31+05'30' -4- that Highly Skilled holding necessary qualifications and 8 years regular service in Highly Skilled Grade failing which 16 years regular combined service in the grade of Highly Skilled and Skilled failing both Skilled with 16 years regular service in the grade failing both by direct recruitment. The educational qualification prescribed are (a) Matriculation or equivalent (b) 3 years Diploma in Electrical or Mechanical Automobile Engineering from recognized Institute or University or Board or Degree in Electrical or Mechanical or Automobile Engineering from recognized Institute or University or Board or equivalent. It is submitted that the applicant possesses both the necessary qualification and the experience as indicated by Annexure A-3 Draft Seniority List. By letter dated 28.01.2010 issued by the 1 st respondent, 63 industrial personnel from Annexure A-3 who are Diploma holders were granted promotion to the then existing vacancies of Junior Engineer Electrical/Mechanical.
3. While so new Recruitment Rules for promotion to the post of Junior Engineer (Civil) and Junior Engineer Electrical/Mechanical in supersession of SRO 45 dated 06.05.2008 was published vide SRO 32 dated 27.04.2011, produced as Annexure A-4. It is submitted that even in terms of Annexure A-4 the applicant was fully eligible and qualified for consideration for promotion to the post of Junior Engineer A S Peethambaran 2025.07.24 14:09:31+05'30' -5- Electrical/Mechanical. A fresh draft seniority list of eligible industrial personnel for promotion to the post of Junior Engineer Electrical/Mechanical upto 2010-2011 was drawn up, a copy of which is produced as Annexure A-5 wherein the name of the applicant is at Sl.No.26. As per the terms of Annexure A-6 eligible and willing personnel upto Sl.No.21 in Annexure A-5 were granted promotion against the existing vacancies of Junior Engineer Electrical/Mechanical in the Command for the year 2011-2012. 9 persons have been promoted. As there were 32 vacancies of Junior Engineer Electrical/Mechanical for promotion for the vacancy year 2012-13, action was initiated to holding DPC by the 1st respondent vide letter dated 21.05.2013. The name of the applicant was also forwarded by the 4th respondent to the 1st respondent so as to enable them to consider and grant promotion to him. However, consideration by the DPC and further proceedings to grant promotion to the vacancies of Junior Engineer Electrical/Mechanical for the vacancies of 2012-13 to the eligible industrial personnel were unduly delayed and not filled up so far. The applicant has submitted representation dated 18.07.2013 but, however, his grievances were not addressed. Finally by letter dated 22.09.2014, produced as Annexure A-8, the 2 nd respondent has issued directions to all Commands to progress all actions suitably and on fast track giving details of vacancies for the year 2012-13 of a number of posts including that of Junior Engineer Electrical/Mechanical A S Peethambaran 2025.07.24 14:09:31+05'30' -6- vacancies set apart for promotion. The applicant has also applied for promotion as Junior Engineer Electrical/Mechanical pursuant to letter dated 30.12.2014 of the 1st respondent. Representation of the applicant dated 07.01.2015 was also submitted, a copy of which is produced as Annexure A-9, requesting to consider him for promotion. There has been no response to any of the letters, therefore, he submitted a representation to the 2nd respondent on 24.06.2015, produced as Annexure A-10.
4. Vide letter dated 30.08.2016 additional details were called for by the 1st respondent while projecting the cases in respect of all eligible Diploma holders for consideration for promotion to the post of Junior Engineer Electrical/Mechanical through DPC against 20% departmental quota as per SRO 45 of 2008 duly certified by the concerned Commander Works Engineers. This was responded to by the 4 th respondent vide Annexure A-11. Subsequently there was no action. However, direct recruitment vacancies are filled up every year adversely affecting the applicant and the like. He has also represented that his juniors in service in different units are also promoted without considering him for promotion against the 20% promotion quota vacancies of the year 2012-
13. This is produced as Annexure A-15. Vide letter dated 02.12.2016 the 2nd respondent notified distribution of vacancies for the recruitment year 2016-17, however, it was submitted that no effective steps have been A S Peethambaran 2025.07.24 14:09:31+05'30' -7- taken to fill up 32 vacancies of the year 2012-13 of Junior Engineer Electrical/Mechanical. Therefore, consequently the applicant move the Tribunal in 2017.
5. In Ground (D) of the submissions made in the O.A., the applicant himself suggest that the convening of DPC and grant of promotion to Junior Engineer Electrical/Mechanical of the vacancy year 2012-13 were delayed due to belated restructuring of vacancies done in Southern Command only during the year 2014. However, it cannot be a reason for denial of promotion to the applicant and the likes till now from their eligible vacancy years and non grant of benefits arising therefrom. The applicant submits that there was only 11 industrial employees left for consideration for promotion against the post of Junior Engineer Electrical/Mechanical for the subsequent years vacancies and it was evident from Annexure A-8 that the 32 vacancies of Junior Engineer Electrical/Mechanical in existence for consideration for promotion for the year 2012-13 for which the applicant was fully eligible and qualified. The delayed restructuring of industrial employees belonging to Southern Command is not a sufficient reason for denying consideration for promotion to the applicant and the likes to the post of Junior Engineer Electrical/Mechanical against the vacancies for the year 2012-13, it is submitted. By letter dated 02.12.2016 of the 2 nd respondent steps are A S Peethambaran 2025.07.24 14:09:31+05'30' -8- being taken to consider and grant promotion for the year 2016-17 for the vacancies of Junior Engineer Electrical/Mechanical as well without considering and without filling up the vacancies of 2012-13, which is per se illegal and erroneous, to the detriment and prejudice of the applicant and the like seniors.
6. The relief sought for is to issue necessary directions to the respondents to fill up 20% promotion quota vacancies of 2012-13 of Junior Engineer Electrical/Mechanical before considering and promoting the 2016-17 vacancies of Junior Engineer Electrical/Mechanical in Southern Command and to grant the applicant his due seniority in the cadre of Junior Engineer Electrical/Mechanical on grant of promotion to him as Junior Engineer Electrical/Mechanical from the date of occurrence of vacancies of the year 2012-13.
7. It is noticed that the reply statement filed on 19.12.2017 was on behalf of Respondent Nos.1-5. It does not specifically address the reasons for non consideration from the year 2012-13, though they did clarify as to what exactly the current status of promotion of the applicant and similarly placed persons on the date of filing of the reply statement. It was submitted that the details of the applicant has already been forwarded to the Engineer-in-Chief's Branch for consideration for A S Peethambaran 2025.07.24 14:09:31+05'30' -9- promotion for the year 2012-13 and to consider him in the promotion quota vacancies to be carried forward by DG (Personnel) Engineer-in- Chief's Branch with effect from 2012-13 onwards and the DPC is yet to be completed. Since the reply statement did not address the question, it is submitted in the additional reply statement that the respondents have convened the DPC for grant of promotion as Junior Engineer Electrical/Mechanical and the applicant has been included in the select list and in the light of the fact that the applicant has been promoted to the post of Junior Engineer Electrical/Mechanical, the prayer sought for in the O.A has become infructuous.
8. Further a third reply statement has been filed by the respondents in which it was submitted that the applicant was initially appointed as Electrical (SK) on 21.07.1988 and was promoted as Electrical (HS) with effect from 13.12.2007. As per SRO 45 of 2008 the criteria for 20% promotion quota for induction into Junior Engineer cadre was Highly Skilled with 8 years regular service in Highly Skilled grade or Highly Skilled plus Skilled grade combined service of 16 years. Thus, the applicant became eligible during the year 2005-06. However, due to limited number of vacancies and his low seniority position, he could not be promoted in various DPCs conducted by Headquarters, CESC upto DPC years in respect of LRS 2011-12. During the year 2011 new SRO A S Peethambaran 2025.07.24 14:09:31+05'30' -10- 32 dated 27.04.2011 was promulgated and SRO 45 of 2008 was suspended. The new SRO was more stringent with respect to the eligibility norms. The criteria of length of Skilled Grade Service was dropped in new SRO wherein the revised criteria was 6 years service length as HS-I or 11 years combined service length as HS-I and HS-II with minimum 3 years as HS-I. Moreover, from the year 2012-13 onwards the DPCs of industrial personnel to Junior Engineer cadre were to be conducted by Engineer-in-Chief's Branch as per Engineer-in-Chief Branch letter No.B/20067/LRS/09-10/E1C(1) dated 25.09.2012, a copy of which is produced as Annexure R-16. Since the applicant has been promoted as HS-II on 01.01.2006 and HS-I on 01.02.2008, as per new SRO 32 of 2011 for promotion to Junior Engineer from industrial staff, the applicant was not eligible in the year 2012-13 due to non fulfillment of laid down eligibility criteria in SRO 32 of 2011. Therefore, it was evident that as per the prevailing Recruitment Rules the applicant could not be promoted in DPC year 2012-13. SRO 32 of 2011 has been produced as Annexure R-18, which is the revised Recruitment Rules with the eligibility criteria as detailed above.
9. The applicant's main argument is that he is fully eligible and qualified to be considered for the 20% quota vacancies of Junior Engineer Electrical/Mechanical for the year 2012 where there are 32 A S Peethambaran 2025.07.24 14:09:31+05'30' -11- vacancies for promotion set apart for in-service Electrician HS-I as is evident from Annexure A-8. The applicant is at Sl.No.26 in Annexure A-5 and upto Sl.No.21 promotion has been granted in earlier years against 20% quota. The applicant has suggested that since his juniors in the entry cadre as Electrician have been considered and granted promotion against 20% promotion quota of Junior Engineer Electrical/Mechanical of the year 2010, he is eligible and entitled to be considered and granted promotion against 20% promotion quota during the years 2012, 2013 or 2014 or 2015 against the existing vacancies of the said years. The applicant has also suggested that the benefit of Note I to Annexure A-4 which enables promotion of an individual with 50% of qualifying/eligibility service or 2 years, whichever is less, if his junior is being considered would qualify for promotion against 2012-13 vacancies. For the year 2015 the applicant will be fully qualified and eligible without the benefit of the Note I. The applicant has only concerned that he has not been considered even after being eligible as per SRO 45 of 2008 and SRO 32 of 2011.
10. An affidavit has been filed on behalf of the respondents wherein it has been clarified that when the Tribunal had found that the applicant became eligible for consideration only in the year 2014 and he was promoted in 2018 against the vacancies of 2016-17 and the pleadings of A S Peethambaran 2025.07.24 14:09:31+05'30' -12- the respondents have not disclosed as to why the applicant was not considered for the period 2014-15 and 2015-16 and for the delay in DPC, it is submitted that the relaxation Note I of SRO 32, produced as Annexure R-18, is not applicable in the case of the applicant as he has not pointed out even a single instance wherein his junior eligible for the promotion through 20% quota by promotion has become his senior due to shortage of his qualifying service. It is submitted that the applicant was not eligible till 01.02.2014 as per SRO 32 ie., service of 6 years as HS-I. There was a change in eligibility service in SRO 32 vis-à-vis SRO 45. The applicant who was eligible as per SRO 45 in 2010-11 but could not be promoted due to less vacancies as the applicant was at Sl.No.26 against 21 vacancies.
11. It is submitted that as per SRO 32 the applicant was not eligible in 2011-12, 2012-13, 2013-14 and 2014-15 as the crucial date for eligibility was 01.01.2014 as per DoP&T, Government of India, O.M dated 17.09.1998. He became eligible in 2015-16 only and that no DPC was held for 2015-16 and all eligible candidates were considered in 2016-17 DPC only. In 2015-16 DPC was not conducted due to administrative reasons and the applicant got promoted in the DPC for the year 2016-17. It has been submitted earlier that the reasons for non conducting of the DPC was because of the change in the authority to conduct the DPC and A S Peethambaran 2025.07.24 14:09:31+05'30' -13- it required the documentation to be completed ie., as per educational qualifications criteria, APAR gradings for 7 years and approval in recognition of the institution certificate etc. and verification of documents took a little time and therefore, it was not possible to conduct the DPC on time.
12. On an examination of all the facts on record, it is obvious that due to the change in the qualification criteria the applicant was not considered during the relevant year, whereas it has been argued that in the case of P.N.Premchandran vs. State of Kerala & Ors., (2004) 1 SCC 245 it has been held that the delay in convening the DPC due to administrative lapse cannot be held against the employee. However, there is no allegation of malafides and in Ground (D) of the O.A wherein the applicant himself admits that the reason for the delay is belated restructuring of vacancies done in Southern Command which took a little time. This cannot be held to be an unreasonable ground. Therefore, since the applicant has actually not been denied the promotion and the delay of years which is seem to happen in this case due to the non convening of the DPC, it cannot be said that the applicant has been adversely affected.
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13. In the light of the above, the O.A is dismissed. No order as to costs.
(Dated this the 24th day of July, 2025)
V.RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00177/2017
1. Annexure A-1 - A copy of the Diploma Certificate in Electrical Engineering issued by the State Board of Technical Education, Kerala.
2. Annexure A-2 - A copy of the relevant extract of the SRO 45 dated 06.05.2008.
3. Annexure A-3 - A copy of the relevant extract of the letter dated 16.04.2009 of the 1st respondent.
4. Annexure A-4 - A copy of the SRO 32 dated 27.04.2011.
5. Annexure A-5 - A copy of the fresh draft seniority list of eligible industrial personnel for promotion to the post of JE, E/M upto 2010-2011 drawn up by the 1st respondent.
6. Annexure A-6 - A copy of the letter dated 08.04.2013 of the 1st respondent.
7. Annexure A-7 - A copy of the fax dated 18.06.2014 along with service status in respect of the applicant, forwarded by the 4th respondent.
8. Annexure A-8 - A copy of the letter dated 22.09.2014 by the 2nd respondent.
9. Annexure A-9 - A copy of the representation dated 07.01.2015 submitted to the 1st respondent.
10. Annexure A-10 - A copy of the representation dated 24.06.2015 submitted to the 2nd respondent.
11. Annexure A-11 - A copy of the letter dated Nil of October, 2016 by the 4th respondent.
12. Annexure A12- - A copy of the O.M dated 11.03.2011 issued by the Nodal Ministry.
13. Annexure A-13 - A copy of the O.M dated 28.01.2015 issued by the Nodal Ministry.
14. Annexure A-14 - A copy of the O.M dated 23.04.2015 issued by the Nodal Ministry.
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15. Annexure A-15 - A copy of the representation dated 18.11.2016 submitted by the applicant to the 1st respondent.
16. Annexure R-1 - A copy of the CWE, Wellington letter No.3350/A/2263/EINB dated 04.11.2016.
17. Annexure R-2 - A copy of the HQ Chief Engineer, Southern Command, Pune letter No.1501101/Ind Promotion/383/EIB (R DPC) dated 13.12.2016.
18. Annexure R-3 - A copy of the CWE, Wellington letter No.10335/A/2292/E1NB dated 27.12.2016.
19. Annexure R-4 - A copy of the HQ Chief Engineer Southern Command, Pune letter No.150101/1nd/Prom/385/E1B (R DPC) dated 16.12.2016.
20. Annexure R-5 - A copy of the CWE, Wellington letter No.10335/A/2295/E1NB dated 31.12.2016.
21. Annexure R-6 - A copy of the CWE, Wellington letter No.10335/A/2309/E1NB dated 09.02.2017.
22. Annexure R-7 - A copy of the HQ Chief Engineer Chennai Zone, Chennai letter No.10204/C/2682/E1NB dated 25.03.2017.
23. Annexure R-8 - A copy of the Garrison Engineer (Army) Trivandrum Part II order No.13 dated 27.03.2017.
24. Annexure R-9 - A copy of the statement of fixation of pay of the applicant under Central Civil Service (Revised Pay) Rules, 2016.
25. Annexure R-10 - A copy of the certificate dated 06.10.1998 issued to the applicant by State Board of Technical Education.
26. Annexure R-11 - A copy of the Garrison Engineer (Army) Trivandrum Part II order No.45 dated 02.11.1998.
27. Annexure R-12 - A copy of the Det.Gen.(Pers), Military Engineer Services, Engineers-in-Chief's Branch, New Delhi letter No.41269/AISL/2016/Industrial to JE (E/M)/01/EIDPC (PP & SUB) dated 16.01.2018.
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28. Annexure R-13 - A copy of the Det.Gen.(Pers), Military Engineer Services, Engineers-in-Chief's Branch, New Delhi letter No.41269/DPC/JE (E/M)/2016-17//EIDPC (PP & SUB) dated 19.01.2018.
29. Annexure R-14 - A copy of the Garrison Engineer (Army) Trivandrum letter No.1045/370/EIB dated 03.02.2018.
30. Annexure R-15 - A copy of the DG (Pers) E-in-C's Branch letter No.41269/DPC/2016-17/JE E/M/E1 DPC (PP & SUB) dated 11.06.2018.
31. Annexure R-16 - A copy of the HQ Chief Engineer Southern Command, Pune letter No.150101/Ind Prom/Vol-XI/595/EIB (R DPC) dated 23.09.2019.
32. Annexure R-17 - A copy of the old Recruitment Rules SRO 45 dated 06.05.2008.
33. Annexure R-18 - A copy of the new Recruitment Rules SRO 32 dated 27.04.2011.
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