Central Administrative Tribunal - Jammu
Kamaljeet Kumar And Others vs Health And Medical Education ... on 18 November, 2025
:: 1 :: O.A. No. 1051/2024
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 1051/2024
Reserved on :- 07.11.2025
Pronounced on: - 18.11.2025
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Kamaljeet Kumar, Age 40 years S/o Sh. Dev Raj R/o Malothi
Tehsil-Bhalla, District Doda,
Pin code-182221
Email [email protected].
2. Harish Chander Bhagat, Age 34 years S/o Sh. Bansi Lal R/O
Gurha Keran Lane NO.8 P/O Bantalab, Tehsil and District Jammu
Pin Code-181123
Email ID [email protected]
3. Abhishek Pathania, Age 32 years S/o Sh. Madan Lal R/o H. No. 8
Sector 2 Shiva Enclave Pamposh Colony Janipur, Tehsil Jammu
North District Jammu
PIN Code-180007
Email ID: [email protected]
4. Aditya Sharma, Age 35 years
HARSHI Digitally
by HARSHIT
signed
T YADAVYADAV
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S/o Lt Sh. Tarsam Kumar Sharma
R/o Ward no 1 Village Thalori
Tehsil Vijaypur District Samba
Pin Code: 184120
Email-id: [email protected]
5. Mohd. Farooq, Age 3lyears
S/o Sh. Abdul Gani Mir
R/o Mir Mohalla Ward No. 1 Lower Dalwah
Tehsil Gool District Ramban, Pin-Code 182144
E-mail: [email protected]
6. Yasir Ullah, Age 41 years
S/o Noor ud Din R/o Village Dhar, Tehsil Doda District Doda
Pin Code-182202.
Email [email protected]
7. Ajay Sharma, Age 39 years
S/o Sh. Parshotam Dass VPO Chhan Rorian Tehsil Marheen, District
Kathua J&K
PIN CODE - 184147
Email add:- [email protected]
8. Virender Singh, Age 54 years
S/o Sh. Sakatar Singh
R/O Shakti Nagar Kalibari Kathua
Tehsil and District Kathua
HARSHI Digitally
by HARSHIT
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PIN CODE-184104
Email ID - [email protected].
9. Swaran Lal, Age 54yrs
S/O Sh. Daya Ram
R/o Mesha Chack
Tehsil Marheen District Kathua
PIN CODE-184148
Email ID - swarnchoudhary [email protected]
10.Kewal Krishan, Age 34 years
S/o Sh. Babu Ram
R/o Chhan Ranga P.O-Chandwan
Tehsil Hiranagar District-Kathua
PIN Code 184144
Email ID [email protected]
11. Jagjeet Singh, Age 39 years
S/o Sh. Preetam Singh
R/o Village Durang
Tehsil Billawar District Kathua J&K
PIN CODE - 184203
Email ID [email protected]
12. Inderjeet Singh, Age 45
S/o Sh. Pritam Singh
R/o Village Durang
HARSHI Digitally
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Tehsil Billawar District Kathua J&K
PIN CODE-184203
EMAIL ID: [email protected]
13. Balvinder Singh, Age 45
S/o Sh. Chuni Lal
R/o Village Chattra (Shyia) PO Seri (Udrana).
Tehsil Bhalla District Doda
PIN CODE 182221
EMAIL ID [email protected]
14. Nitin Khajuria, Age 35 years
S/o Sh. Y.P. Khajuria
R/o House No 639 Sector 4
Channi Himmat Jammu
Tehsil Bahu District Jammu
Pin code 180015
Email id [email protected]
15. Diksha Verma, Age 31 yrs
D/o Sh. Sudesh Kumar Verma
R/O Saraswati Vihar Ward No. 16 Kathua
Tehsil and District Kathua
Pin code-184101
Email id [email protected]
16. Jaswinder Singh, Age 41 years
HARSHI Digitally
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S/o Surjit Singh
R/o H.No.98/3 Model Town Gangyal Jammu
Tehsil Bari Brahmana District Jammu
Pin Code 180010
EMAIL ID [email protected]
17. Rashid Iqbal Magray, Age 49 years 17.
S/o Ab. Ahad Magray
R/O Kandi Khass Tehsil and District Kupwara Kashmir
Pin Code 193221
EMAIL ID [email protected].
18. Gyan Chand, Age 35 years
S/o Rattan singh R/o Rajwalta Health Educator PHC Uchapind
Tehsil Ramkot, Block Billawar District kathua, P.o Galak
Pin code-184205
Email id:- [email protected]
19. Rano Devi, Age 54 years W/o Chuni lal R/o. Kundi Karol Tehsil
Ramban, District Ramban Pin code 182144 Emai id
[email protected]
20. Ashok Kumar, Age 55 years S/o Girdhari Lal R/o Gali no 5,
Mohalla Krishna Nagar, P.O. Miran Sahib, Tehsil RS Pura, District
Jammu
Pin code 181101
Email-id: [email protected]
HARSHI Digitally
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21. Nitish Sharma, Age 34 yrs, S/o Jai Kumar Sharma. R/o House no
149, Ward no 10, RS Pura Tehsil RS Pura. District Jammu Pin code
181102
Email ID: [email protected]
22. Satnam singh, Age 45 years, S/o Sujan Singh R/o H. no 48 A
Sector No 1 Sanjay Nagar Jammu, Pin code 180010
Email ID:- [email protected].
23. Mohd Saleem, Age36 years
S/O Gul Mohd V.P.O Gagrote,
Tehsil Nowshera,
District Rajouri Pin:-185151
Email: [email protected]
24. Surinder kumar, Age 48 years
S/o Prithu Ram R/o Dambra
Tehsil, Mahanpur, Pin code 184202
Email Id [email protected]
25. Bishan Dass, Age 55 yrs
S/o Dittu Ram R/o Malad
Tehsil Lohai Malhar
P.O Malhar Pin code 184204
Email id:- [email protected]
HARSHI Digitally
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26. Ajay Teji, Age 49 years
S/o. Sh David teji
R/O Residency Road Jammu
Tehsil and District Jammu
Pin code 180001
Email:- [email protected]
27. Indu Bala, Age 51 years
W/o Pritam Singh Manhas
R/o Joffer P.o Joffer Tehsil Ramnagar
District Udhampur Pin code 182122
Email ID :- [email protected]
28. Neelam Rani, Age 54 years
W/o Rakesh Kumar R/o Pouni
Tehsil Pouni and District Reasi
Pin code 185203
Email: [email protected]
29. Bodh Raj. Age38 years
S/o Govind Ram R/oVpo. Sundla
Tehsil Majalta, District. Udhampur Pincode 182127.
30. Poonam, Age 33 years
W/o Suresh Kumar
R/o Gurha singhu, Chak shaman, Jammu
Pin code-181206
HARSHI Digitally
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Email id- [email protected]
31. Sunil kumar Sharma, Age 34 years
S/o Viyas Dev Sharma
R/o Village Ari Tehsil Mendhar District Poonch
Pincode 185101
Email:- [email protected]
32. Anil Kumar, Age 34 years
S/o Behari Lal R/o Village Bharda Khurd, Tehsil Akhnoor,
District: Jammu Pin code:- 181201
Email id [email protected]
33. Hatim Zeeshan, Age 36 years
S/O Faiz Mohammad Kasana
R/O: H.no 169 opposite police post Gujjar Nagar
Tehsil and District Jammu
Pin: 180001
Email id: [email protected]
34. Vijay Kumar, Age 44 Years
R/O Dori Dager
Tehsil Kharah Balli District Jammu
Pin code 185154
Email:- [email protected]
35. Pooja Khajuria, Age 40 years
HARSHI Digitally
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W/o Surinder Kumar
R/o Karole Matherian, Tehsil - Hiranagar,
District- Kathua. Pin code-184148
Email:- [email protected]
36. Jatinder Singh, Age 45 years, S/o Sujan Singh R/o H. no 31 A
Sector No 1 Sanjay Nagar Jammu, Pin code 180010
Email ID:- [email protected]
37. Rajesh Singh, Age 36 years S/o Bodh Raj R/o Basantgarh P/O
Basantgarh Tehsil Basant Garh, Pin Code 182128
Email ID:- [email protected]
38. Mohd. Altaf Wani, Age 36 years
S/o Mohd. Shafi Wani
R/o Lowang Tehsil Bani District Kathua
Pin Code:-184206
Email ID: [email protected]
39. Parsino Devi, Age 56 years
W/o Naresh Kumar
R/o Ward No. 7 Bantalab Samba PO Samba
Tehsil and District Samba Pin Code: 184121
Email ID:- [email protected].
40.Sashi Bala, Age 55 years
W/o Jagdev Singh
HARSHI Digitally
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R/o Gole Mela, Rathian, Tehsil and District Udhampur
Pin Code: 182101
Email Id:- [email protected]
41. Bimla Devi, Age 52 years
W/o Reshi Kumar
R/o Kandosu P/O Bhalla
Tehsil Bhaderwah District Doda
Pin code-182201
Emaid Id:- [email protected]
42. Amit Choudhary, Age 39 years
S/o Kuljeet Raj
R/O Syal Tehsil Beri Pattan District Rajouri
Pin Code: 185151
Email Id:- [email protected]
43. Romit Ali, Age 37 years
S/o Sh.Taj Ali
R/o Durang, Tehsil Billawar District Kathua
Pin Code:- 184203
Email:- [email protected]
.. APPLICANTS
(By Advocate: - Mr. Narinder Kumar Attri)
VERSUS
HARSHI Digitally
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1. Union territory of Jammu and Kashmir
through Commissioner Cum secretary
Department of Health And Medical Education.
Civil Secretariat Jammu Pin Code: 180001
Email Id: [email protected]
2. Commissioner Cum Secretary Department of Health and
Medical Education Civil Secretariat Jammu
Pin Code: 180001
Email Id: [email protected]
3. Deputy Secretary to Government Department of Health and
Medical Education Department Civil Secretariat, Jammu Pin
Code:- 180001
Email Id: [email protected]
4. Director Family Welfare, Maternal Child Health (MCH) and
Immunization, Old Secretariat Srinagar, Camp office near Sainik
School Nagrota, Jammu.
Email Id: [email protected] 18/221
5. Director Health Services, Division Jammu
Near MLA Hostel Indra Chowk, Jammu
Pin Code: 180001
...Respondents.
(By Advocate: - Mr. Sudesh Magotra, AAG, Mr. Raghu Mehta, Sr.
CGSC )
HARSHI Digitally
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) "Order No. HD-Lgal/332/2022-02(C-250108) dated 28-05-
2024 passed by respondent no. 3 directing respondent no. 5 to take into consideration all the feeding categories for respective Divisions while making promotion to the post of Community Health Officer including the feeding categories borne on the establishment of Directorate of Family Welfare, Maternal Child Health Immunization J&K.
b) Further, directing the respondent no. 5 to accord the promotions on the post of Community Health Officer from amongst the feeding categories borne on the establishment/cadre of the service of Directorate of Health services only and consider the applicants for promotion on the post of Community Health Officer in the interest of justice.
c) Further for setting aside the S.O 334 dated 3-07-2022 to the extent of inclusion of post of District Mass Education Information Officer of the Family Welfare Unit as a Feeding Category for promotion on the post of Community Health Officer in the Health Department.
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d) Any other appropriate relief which this Hon'ble Court may deem fit and proper in the given facts and circumstances of the case may kindly be passed in favour of the applicants and against the respondents."
2. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The applicants No. 1 to 37 are serving as Health Educators, and applicants No. 38 to 43 are serving as Sanitary Inspectors in the Department of Health. Their posts are borne on the cadre of the Health Services under the Establishment of the Department of Health.
b) Respondent No. 5, being the Head of the Department, is responsible for maintaining up-to-date seniority lists of the non-gazetted categories of posts borne on the cadre of Health Services in terms of Rule 5 of SRO 20 of 1992. Vide SRO 20 dated 24.02.1992, the Jammu and Kashmir Health and Medical Subordinate Service Recruitment Rules were notified, forming a single service at that time. Over the years, the Government created separate cadres and avenues of promotion for non-gazetted employees under different major heads. By SRO 160 dated 23.04.2002, the Government delegated to the HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 14 :: O.A. No. 1051/2024 Directorate of Health Services the powers of appointment, promotion, transfer, and maintenance of seniority of non-
gazetted staff borne on the Health and Medical Service.
c) The Government later constituted a separate cadre and Directorate known as Directorate of Family Welfare, Maternal Child Health (MCH) and Immunization, with its own major head, administrative powers, staff, and seniority lists. Vide Government Order No. 681-HME of 2003 dated 27.05.2003, the Director, Family Welfare & MCH/Immunization, was declared as the Head of the Department for staff drawing salary from the major head 2211-Family Welfare, with independent powers of appointment/transfer/promotion and responsibility for maintaining separate seniority lists. (Annexure A2). Respondent No. 4, vide Circular No. FW/Est/4/C-44 dated 21.10.2002, directed that non-gazetted employees borne on the Family Welfare cadre shall not be transferred into the Health Directorate, thereby recognizing the complete separation of cadres, seniority, and establishment. (Annexure A3). Thus, the Department of Health and the Department of Family Welfare constitute two distinct Departments under respondent HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 15 :: O.A. No. 1051/2024 No. 1, having separate posts, separate recruitment processes, distinct Directorates, separate seniority lists, and separate major heads under the administrative control of different Directors.
d) Respondent No. 4 issues requisitions to the Service Selection Board exclusively for posts of the Family Welfare Service, and appointments are made solely to that cadre. Respondent No. 4 also maintains seniority of its employees borne on the 2211-Family Welfare cadre, and vide Notification No. 75 of 2021 dated 25.02.2021, issued seniority lists of non-gazetted staff working under the Family Welfare cadre for Jammu Division. (Annexure A5). Even though both Departments are governed by the rules under SRO 20/1992 and now SO 334 of 2022, the posts and cadres are entirely different, and methods of recruitment and feeder categories of both services are distinct. The incumbents of these posts cannot be transferred from one service to another as the cadre borne on Health Service is different from that of Family Welfare/MCH Immunization.
e) As far as the post of Community Health Officer (CHO) is concerned, the Recruitment Rules provide that the CHO falls HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 16 :: O.A. No. 1051/2024 exclusively under the Head Field Activity Unit on the cadre of the Health Department. SO 334 (Items 20 & 21) lists CHO as a post belonging solely to the Health Department. The applicants' grievance arises from Order No. HD- Lgal/332/2022-02(C-250108) dated 28.05.2024, whereby respondent No. 3 directed respondent No. 5 (Director Health Services) to take into account feeding categories of the Family Welfare Directorate also for promotion to the post of Community Health Officer.
f) The said direction was purportedly issued on the strength of certain Tribunal orders passed in O.A. 423/2023, O.A. 1093/2022, and O.A. 998/2022, though those orders did not adjudicate on merits and only directed the respondents to "consider the claim" without determining cadre equivalence. (Annexure A6).
g) The applicants contend that respondents have failed to notice that the Tribunal in the earlier matters had not decided the issue of cadre structure, and therefore the impugned order is without jurisdiction. The applicants assert that they are the senior-most Health Educators and Sanitary Inspectors and are the only valid feeder categories for CHO in the Health HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 17 :: O.A. No. 1051/2024 Department. Mixing Family Welfare categories violates statutory rules and service separation. It is further submitted that there is no post of Community Health Officer in the Family Welfare Directorate; therefore its employees cannot be treated as feeder categories to the Health Department's cadre.
h) The applicants characterize the impugned administrative action as illegal, arbitrary, without authority of law, and contrary to the cadre rules, thereby prejudicing their vested promotional rights. Respondent No. 4 has allegedly initiated the process of constituting a Departmental Promotion Committee for effecting promotions on various non-gazetted posts by mixing the feeder categories of Family Welfare with Health Services, which applicants claim is impermissible and liable to be quashed.
i) The CHO is a non-gazetted post borne exclusively on the Health Department's cadre, while the District Mass Education Information Officer (SMEIO) is a gazetted post belonging to the Family Welfare cadre. The two cadres cannot overlap. Posts like District Mass Education Information Officer, Extension Educator, Junior Health Inspector, etc., listed in SRO 20 of 1992 and SO 334 of 2022, form feeding HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 18 :: O.A. No. 1051/2024 categories only for posts within Family Welfare, not for CHO of the Health Department.
j) The applicants submit that the respondents' attempt to treat Family Welfare posts as feeding categories for CHO curtails the promotional rights of Health Department employees, violates equality principles, and disturbs cadre integrity. The inclusion of District Mass Education Information Officer and Extension Educator as feeding categories for CHO is stated to be an ultra vires exercise, as both categories belong exclusively to the Family Welfare Unit and have no connection with the Health Department cadre.
k) The applicants further assert that the impugned action is arbitrary, irrational, and violates settled service jurisprudence, as cadre mixing is prohibited unless supported by statutory rules.
l) In the relief portion, the applicants seek setting aside of the impugned order dated 28.05.2024, as well as quashing of SO 334 dated 13.07.2022 to the extent it treats District Mass Education Information Officer of the Family Welfare Unit as a feeding category for CHO. The applicants pray for a direction to respondent No. 5 to consider only those feeding categories HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 19 :: O.A. No. 1051/2024 borne on the cadre of the Health Department while making promotions to the post of Community Health Officer.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The applicants have primarily prayed for setting aside Order No. HD-Lgal/332/2022-02(C-250108) dated 28.05.2024, whereby respondent No. 3 directed respondent No. 5 to take into consideration all feeding categories of respective Divisions while making promotions to the post of Community Health Officer (CHO), including categories borne on the establishment of the Directorate of Family Welfare, Maternal Child Health and Immunization.
b) It is submitted that under the impugned directions, the Directorate of Health Services was only advised to consider all eligible feeding categories (for both respective Divisions), including categories borne under the cadre of Family Welfare, MCH & Immunization, strictly in terms of the J&K Health & Family Welfare (Subordinate) Services Recruitment Rules, 2022, notified vide S.O. 334 dated 13.07.2022.
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c) Consideration was to be made only after receiving prerequisite details from the concerned Directorate and subject to the rule that percentage of share shall be allotted to each feeding category as per the sanctioned strength of the posts.
d) It is submitted that even though the employer (Government) enjoys the unquestioned authority to frame recruitment rules, the department has nonetheless duly noted the concerns raised by the applicants as well as by the Director Health Services, Jammu, through his communication dated 05.09.2024. The department is examining the rule position to ascertain whether any change or modification is warranted.
e) The department, after reconsidering all aspects of the matter, shall finalize the exercise at the earliest, in accordance with the governing rules and administrative requirements.
f) Apart from the submissions stated above, all other averments, allegations, and contentions raised by the applicants are specifically denied as being incorrect, misconceived, and devoid of merit.
4. Heard learned counsel for the parties and perused the pleadings made by them.
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5. This Original Application has been filed by the applicants, who are working as Health Educators and Sanitary Inspectors in the Health Department, assailing Order No. HD-Lgal/332/2022-02 (C-250108) dated 28.05.2024 passed by respondent No. 3, whereby the Director Health Services (respondent No. 5) has been directed to take into consideration all feeding categories of respective Divisions while making promotion to the post of Community Health Officer (CHO), including the feeding categories borne on the establishment of the Directorate of Family Welfare, Maternal Child Health and Immunization, J&K. Consequential challenge has also been laid to S.O. 334 dated 13.07.2022, to the limited extent the applicants allege that it permits inclusion of District Mass Education Information Officer of the Family Welfare Unit as a feeding category for promotion to CHO.
6. The applicants have further prayed for a direction to respondent No. 5 to effect promotions to the post of CHO only from amongst the feeding categories borne on the cadre of Health Department, and to restrain the respondents from considering employees of the Family Welfare Directorate for such promotion. HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 22 :: O.A. No. 1051/2024
7. The brief facts, as pleaded, are that applicants No. 1 to 37 are serving as Health Educators and applicants No. 38 to 43 as Sanitary Inspectors in the Department of Health. Their posts are borne on the cadre of Health Services under the Establishment of the Health Department. Respondent No. 5 is responsible for maintaining the up- to-date seniority of non-gazetted posts in terms of Rule 5 of SRO 20 of 1992.
8. Under SRO 20 dated 24.02.1992, the Jammu and Kashmir Health and Medical Subordinate Service Recruitment Rules were notified. With passage of time, the Government created separate avenues of promotion and bifurcated functions under different major heads. Vide SRO 160 dated 23.04.2002, the Directorate of Health Services was delegated powers to make appointments, promotions, transfers and to maintain seniority in respect of non-gazetted staff of Health and Medical Service.
9. The Government subsequently constituted a separate cadre and Directorate known as Directorate of Family Welfare, Maternal Child Health (MCH) & Immunization, having its own major head, administrative powers and separate seniority lists. Vide Government Order No. 681-HME of 2003 dated 27.05.2003, the Director, Family HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 23 :: O.A. No. 1051/2024 Welfare & MCH/Immunization, was declared Head of the Department for staff drawing salary from Major Head 2211 - Family Welfare, with powers of appointment/transfer/promotion and responsibility to maintain seniority lists. Circular No. FW/Est/4/C-44 dated 21.10.2002 clarified that non-gazetted employees borne on Family Welfare cadre shall not be transferred into the Health Directorate.
10. The applicants contend that, notwithstanding existence of two separate Directorates and services, both are now governed by rules under SRO 20/1992 and S.O. 334 of 2022, though the posts and cadres are different. It is their case that the post of Community Health Officer is borne exclusively on the cadre of the Health Department under "Field Activity Unit" and that there is no post of CHO in the Family Welfare Department.
11. According to the applicants, the impugned Order dated 28.05.2024 has wrongly directed respondent No. 5 to treat the feeding categories of the Family Welfare Directorate also as eligible for promotion to CHO, allegedly on the strength of orders passed by this Tribunal in O.A. No. 423/2023, O.A. No. 1093/2022 and O.A. No. 998/2022. It is pleaded that those orders merely directed consideration of the HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 24 :: O.A. No. 1051/2024 claim and did not adjudicate the cadre structure or feeder categories on merits. They allege that inclusion of Family Welfare posts like District Mass Education Information Officer and Extension Educator as feeding categories for CHO is illegal, arbitrary and ultra vires the recruitment rules and curtails their promotional chances.
12. Per contra on merits, the respondents submit that the impugned Order dated 28.05.2024 only advises the Directorate of Health Services to take into consideration all feeding categories for the post of CHO, including categories borne in the Directorate of Family Welfare, MCH & Immunization, strictly in terms of the J&K Health & Family Welfare (Subordinate) Services Recruitment Rules, 2022, notified vide S.O. 334 dated 13.07.2022. The process is to be undertaken after obtaining requisite details from the concerned Directorate and by allocating percentage of share to each feeding category based on the sanctioned strength of the posts. It is further averred that framing of recruitment rules and determination of feeder categories falls squarely within the domain of the employer and the applicants cannot insist that the rules be framed as per their convenience. Though the Government is fully competent to frame and amend rules, the department has noted the concerns raised by the employees as also by HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 25 :: O.A. No. 1051/2024 Director Health Services, Jammu, through communication dated 05.09.2024, and is examining the rule position. It is stated that, after reconsidering all aspects, the exercise will be finalized at the earliest in accordance with law.
13. In light of the pleadings, the following questions arise for determination:
Whether the applicants have established any violation of their legal or fundamental rights by issuance of Order dated 28.05.2024 and operation of S.O. 334 of 2022?
Whether this Tribunal can interfere with or rewrite recruitment rules and feeder categories framed by the competent Government, and direct exclusion of the Family Welfare categories from consideration for promotion to CHO? Whether the earlier orders of this Tribunal in O.A. Nos. 423/2023, 1093/2022 and 998/2022 confer any vested right on the applicants or restrict the Government from treating Family Welfare posts as feeding categories for CHO?
(i) Scope of judicial review in recruitment rules and feeder categories HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 26 :: O.A. No. 1051/2024
14. It is now well-settled that matters relating to framing of service rules, determination of qualifications and feeder channels are primarily within the domain of the rule-making authority/employer and are subject to very limited judicial review. The Hon'ble Supreme Court in P.U. Joshi v. Accountant General, (2003) 2 SCC 632, held that it is for the State to prescribe method of recruitment and eligibility, and the Court cannot direct the State to legislate or frame rules in a particular manner unless the decision is shown to be arbitrary, discriminatory or violative of constitutional provisions.
15. Similarly, in State of J&K v. Triloki Nath Khosa, (1974) 1 SCC 19, the Constitution Bench upheld the State's right to classify employees and create different promotional avenues based on qualifications and held that such policy decisions will not be interfered with unless they are palpably arbitrary or hit by Articles 14 and 16.
16. Again, in State of M.P. v. Ramesh Chandra Bajpai, (2009) 13 SCC 635, the Hon'ble Supreme Court reiterated that creation of a new cadre and prescription of feeder posts is a policy decision, and courts should not substitute their own view as to how the service structure should be organized.
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17. Applying these principles, it is evident that the applicants are, at best, claiming a right to be considered for promotion as per rules. They cannot insist that the Government must restrict feeder categories to Health Department alone, when the Government, in its wisdom, has framed composite rules under S.O. 334 of 2022 covering Health & Family Welfare Subordinate Services and has treated certain categories of the Family Welfare Directorate also as eligible.
18. An employee has no fundamental right to insist on a particular promotional avenue; the right is limited to consideration in accordance with the prevailing rules. As long as the applicants are considered under the relevant recruitment rules in force, no enforceable legal right is breached.
19. The challenge of the applicants is essentially founded on their perception of cadre separation between Health and Family Welfare. However, the respondents have pointed out that the post of CHO and appropriate feeder categories are presently governed by the Health & Family Welfare (Subordinate) Services Recruitment Rules, 2022, and not solely by earlier SRO 20 of 1992. Once valid rules have been framed, the Tribunal cannot disregard them and limit feeder categories as suggested by the applicants. HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 28 :: O.A. No. 1051/2024
20. The applicants have not pleaded or demonstrated that S.O. 334 of 2022 suffers from any constitutional infirmity or that the inclusion of Family Welfare posts as feeding categories is ex facie discriminatory, arbitrary or irrational when viewed in the context of the duties and responsibilities of CHO. In absence of such material, the prayer for striking down or reading down the rules cannot be accepted.
(ii) Effect of earlier directions of this Tribunal
21. The applicants have sought to distinguish the orders of this Tribunal in O.A. Nos. 423/2023, 1093/2022 and 998/2022, contending that those were mere directions for consideration and not decisions on merits. The record supports the plea that, in those matters, this Tribunal had not finally adjudicated the legality of cadre structure or feeder categories, but had simply directed the respondents to consider the claim for promotion and pass a speaking order.
22. However, the reliance on those orders by the respondents in issuing the impugned order does not by itself render the order illegal or ultra vires. It merely indicates that the Government, while examining the issue, took note of the directions of this Tribunal to consider such claims. It is a settled principle that a direction to "consider" cannot HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 29 :: O.A. No. 1051/2024 create a substantive right beyond what is available under the statutory rules.
23. Therefore, even if the earlier orders are of limited scope, the present exercise undertaken by the Government is traceable to its rule- making and administrative power under S.O. 334 of 2022. So long as the Government acts within the four corners of the rules, the exercise cannot be invalidated merely on the ground that the applicants do not agree with the inclusion of certain categories.
(iii) Alleged prejudice to promotional prospects
24. The grievance of the applicants that inclusion of Family Welfare categories dilutes their promotional chances is essentially a matter of service policy. The Hon'ble Supreme Court in Shankarsan Dash v. Union of India, (1991) 3 SCC 47, has held that even a candidate included in a select list has no indefeasible right to appointment; a fortiori, a member of a feeder cadre cannot claim a vested right to promotion to a higher post. The right is only to fair consideration in accordance with existing rules.
25. The respondents have, in fact, stated that they are presently examining the concerns raised by employees and by Director Health HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 30 :: O.A. No. 1051/2024 Services, Jammu and will re-visit the rule position and finalize the exercise expeditiously. Hence, it cannot be said that the authorities are acting arbitrarily or with closed mind. Merely because the rules presently contemplate more than one feeding category, the applicants cannot claim that their right to equality is violated.
26. Notably, the impugned order dated 28.05.2024 is essentially advisory in nature, guiding the Director Health Services to consider all feeding categories as per S.O. 334 of 2022 and to apportion share as per sanctioned strength. It does not, by itself, effect any specific promotion or supersede any particular applicant. The challenge at this stage is therefore somewhat premature and speculative.
27. This Tribunal is conscious that indiscriminate interference with recruitment rules or promotion process may upset the entire service structure and open up a chain of avoidable litigations. The Supreme Court has repeatedly cautioned that courts should not lightly interfere in such matters as it may "lead to administrative chaos" and unsettle settled positions in the cadre. The present case is a clear example where accepting the applicants' plea to exclude one entire Directorate from feeder categories would have a cascading effect on promotions already made or proposed.
HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 31 :: O.A. No. 1051/2024
28. In view of the foregoing discussion, this Tribunal is of the considered opinion that the applicants have failed to demonstrate that the impugned Order dated 28.05.2024 or the operation of S.O. 334 of 2022 violates any of their fundamental, statutory or legal rights. Determination of feeder categories and sharing of promotion quota is a policy decision of the Government and is governed by validly framed rules, in which this Tribunal can interfere only on limited grounds of arbitrariness or unconstitutionality, none of which is made out in the present case. Earlier orders of this Tribunal in O.A. Nos. 423/2023, 1093/2022 and 998/2022 were not decisions on merits and, in any case, do not restrict the Government from acting in accordance with statutory recruitment rules. The apprehension of the applicants regarding loss of promotional chances is speculative at this stage and does not furnish a ground to strike down the rules or the impugned order.
29. However, it is observed that nothing in this judgment shall preclude the competent authority from re-examining the rule position and making such amendments, if any, as it may deem appropriate in the interest of administration, provided the same are in conformity with constitutional mandates and are applied uniformly to all concerned. HARSHI Digitally by HARSHIT signed T YADAVYADAV :: 32 :: O.A. No. 1051/2024
30. For the reasons recorded hereinabove, the Original Application is dismissed. All interim directions, including any order of stay granted earlier, stand vacated forthwith.
31. The respondents shall be at liberty to proceed with the process of promotion to the post of Community Health Officer in accordance with S.O. 334 of 2022 and other applicable rules/instructions, granting consideration to all eligible categories as provided therein.
32. There shall be no order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
HARSHI Digitally
by HARSHIT
signed
T YADAVYADAV