Central Administrative Tribunal - Jammu
Jeewqn Nath vs D/O Agriculture Production Ut Of Jammu & ... on 17 December, 2025
:: 1 :: T.A. No. 61/7620/2021
CENTRAL ADMINISTRATIVE TRIBUNAL (RESERVED ON 01.05.2025)
JAMMU BENCH, JAMMU
Hearing through video conferencing
Transfer Application No.61/7620/2021
Pronounced on: - This the 17.12.2025
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Jeewan Nath, Aged 51 years,
Son of Late sh. Kallu Ram,
R/o Parngoli, Tehsil Hiranagar
District Kathua.
Presently Grading & Marketing Inspector
Office of Assistant Grading & Marketing Officer,
Department of Horticulture Kathua.
....Applicant
(Through Advocate: Mr. C S Azad)
VERSUS
1. State of Jammu & Kashmir,
Through Commissioner/Secretary,
Agriculture Production Department,
Civil Secretariat, Jammu.
2. Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
3. Habibullah Ganai,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
4. Gh. Mohi-ud-Din Rather,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar
5. Aijaz Parveen
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar
6. Teshin Iqbal,
Assistant Grading & Marketing Officer,
HARSHIT HARSHIT
YADAV YADAV
:: 2 :: T.A. No. 61/7620/2021
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar
7. Gh. Rasool Noon,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
8. Sh. Khem Raj,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
9. Sh. Mukhtar Ahmed Khan,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
10. Sh. Mohd. Farooq War
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
11. Sh. Sunil Kumar Bakshi
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
12. Sh. Jagdeep Raj
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
13. Sh. R.L. Sadhu
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
14. Sh. M.A Buch
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
15. Sh.Mudasir Maqdoomi,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
16. Sh. Ali Mohd Shah
HARSHIT HARSHIT
YADAV YADAV
:: 3 :: T.A. No. 61/7620/2021
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
17. Sh. Mohd. Sharief Najar
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
18. Sh. Mubarik Ahmed Mir,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
19. Sh. Mohd. Shaheen Wani,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
20. Sh. Firdous Ali Bhat,
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
21. Sh. Ayeen Afroz
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
22. Sh. Satya Bhushan
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
23. Sh. Feroz Ahmed Malik
Assistant Grading & Marketing Officer,
Office of Director, Horticulture (Planning & Marketing),
J&K Government, Rajbagh, Srinagar.
....Respondents
(Through Advocate: Mr. Dewakar Sharma, Ld. D.A.G.)
HARSHIT HARSHIT
YADAV YADAV
:: 4 :: T.A. No. 61/7620/2021
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 1513/2013 was transferred from the Hon'ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7620/2021 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court with following prayer:
"(a) An appropriate writ, order or direction in the nature of writ of certiorari:-
(i) Government order No. 238-Agri of 2012 dated 04.09.2012 whereby respondents 3 to 7 have been placed as Incharge Assistant Grading & Marketing Officers;
(ii) Government order no.283-DHPM of 2013 dated 26.06.2013 whereby respondents 8 to 23 have been placed as Incharge Assistant Grading & Marketing Officers in their own pay and grade;
(b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to promote the petitioner as Assistant Grading & Marketing Officer w.e.f. 04.09.2012 in place of respondent no. 3 and reflect his name at serial no. 1 in place of respondent no.3 in the Government order No. 238-Agri of 2012 dated 04.09.2012.
(c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents 1 and 2 to refer all the posts of AGMO available since the year 1998 till date to the PSC/DPC for its recommendations and make regular promotions to the of AGMO strictly posts recommendations of the PSC/DPC. as per the
(d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper may also kindly be passed in favour of the petitioner."
3. The brief facts of the case as averred by the petitioner in the petition are as follows:
a. That the applicant was appointed as Grading & Marketing Inspector (G.M.I.) w.e.f. 11.09.1989, pursuant to the judgment passed by the Hon'ble High Court, upheld up to HARSHIT HARSHIT YADAV YADAV :: 5 :: T.A. No. 61/7620/2021 the Hon'ble Supreme Court. The perusal of the order dated 25.09.2000 (Annexure-H page No.38) clearly shows that the applicant shall be deemed to have been appointed w.e.f. 11.09.1989 for the purposes of fixation of seniority and pay revision.
b. That the petitioner is a candidate belonging to OBC category as such is entitled to the benefit of reservation in the matter of promotion in terms of J&K Reservation Rules 2005 promulgated vide SRO 294 of 2005. The petitioner has been issued the certificate of OBC by the Learned Tehsildar Hiranagar in terms of SRO 126 dated 28.6.1994 vide his No.937-38/B.C.G. dated 15th March, 2003. The petitioner has also been issued category certificate in terms of SRO 294 of 2005 by the Tehsildar Hiranagar vide his No. 194-95/BCG dated 11.06.2008. The petitioner also submitted the aforesaid category certificate to the respondent no.2 through proper channel for including his name at the appropriate place in the seniority list of Grading and Marketing Inspectors and indicating his category as OBC so that the petitioner could get the benefit of reservation as envisaged in the Reservation Rules of 2005.
c. That while the representations of the petitioner submitted by him to the competent authority from time to time for inclusion of his name in the seniority list of Grading and HARSHIT HARSHIT YADAV YADAV :: 6 :: T.A. No. 61/7620/2021 Marketing Inspectors of Horticulture Department, were pending consideration, the respondent no.1 vide government order No. 93-Agri of 2008 dated 31.03.2008 released the grade of Rs. 6700-10900/- in favour of 14 Incharge Assistant Grading and Marketing Officers subject to the condition that the grade would be released from the date vacancies become available in their favour. Pursuant to the aforesaid order the respondent no.2 vide his office communication no. DHPM/101/2008/477-89 dated 25th April, 2008 released the pay scale of Assistant Grading and Marketing Officer (AGMO for short) in favour of persons figuring at serial no.1 to 5 in Government order no.93-Agri of 2008 dated 31.03.2008 retrospectively. However, the regular pay scale of the post of AGMO in favour of persons figuring at serial no. 6 to 14 in the aforesaid order who were holding the post of direct quota was ordered to be released prospectively w.e.f. 31st March, 2008 till the vacancy positions are ascertained.
d. That from the perusal of aforesaid orders, one thing is clear that as on 31st March, 2008, the total post of AGMO available under promotion quota were five against which the persons figuring at serial no.1 to 5 of Government order dated 31.03.2008 were regularized by releasing the regular pay scale in their favour, though without seeking any clearance from PSC/DPC. To the knowledge of the HARSHIT HARSHIT YADAV YADAV :: 7 :: T.A. No. 61/7620/2021 petitioner, the PSC/DPC has not so far cleared the aforesaid five promotions which were within the quota meant for promotees. However, as is evident from order 25th April, 2008 upto 31st March, 2008, other than aforesaid five posts no other post was available for promotion. However, the respondent no. 2 granted the benefit of regular pay scale in favour of persons figuring at serial no. 6 to 14 prospectively w.e.f. 31.03.2008 subject to ascertaining of the vacancy position. Vacancy position as aforesaid was never ascertained and the aforesaid persons are enjoying the pay scale of AGMO since 31st March, 2008.
e. It may be pertinent to mention that in terms of SRO 294 of 2005 the roaster point "10" was to be filled from OBC category and on 31st March, 2008 the petitioner was the senior most OBC Grading and Marketing Inspector available in the Department and as such in place of respondent no.3, the petitioner was entitled to be promoted as AGMO, but despite his repeated requests and representations, his claims were not considered. The respondents even declined to reflect him in the seniority list of Grading and Marketing Inspectors so as to deprive him the benefit of accelerated promotion as per the roaster available in terms of SRO 294 of 2005.
HARSHIT HARSHIT
YADAV YADAV
:: 8 :: T.A. No. 61/7620/2021
f. That it may be submitted that Incharge promotion of respondents 3 to 7 continues to be temporary as the same has not been confirmed by the PSC/DPC nor the exact date of vacancy having become available for these respondents has been ascertained by the respondents 1 and 2. g. Be that as it may, but the fact remains that the petitioner who being a candidate belonging to OBC is entitled to the benefit of reservation and was entitled to be promoted at serial no.10 prior to respondent no.3 as per the roaster prescribed under SRO 294 of 2005. The petitioner represented through proper channel, but no heed was paid. h. That while the representations of the petitioner were pending consideration before the competent authority, the respondent no.3 issued final seniority list of Grading and Marketing Inspectors as on 14.12.2010 in which the name of the petitioner came to be included at serial no.35 and his category status of OBC was also indicated. As already submitted that the claim of the petitioner for his promotion at roaster point no.10 meant for OBC category was not considered and on the other hand the respondent no.1 vide government order no.238- Agri of 2012 dated 4.9.2012 promoted five more persons as Incharge AGMOs in their own pay and grade.
i. That, after making 19 promotions from Grading and Marketing Inspectors to the posts of AGMOs, the HARSHIT HARSHIT YADAV YADAV :: 9 :: T.A. No. 61/7620/2021 respondent no.2 vide his office order no.283-DHPM of 2013 dated 26.6.2013 promoted 16 Inspectors as Incharge Assistant Grading & Marketing Inspector on stop gap basis.
j. That the appointment of the applicant as Grading & Marketing Inspector w.e.f. 11.09.1989 makes the applicant entitled to all benefits of seniority along with his batch mates who were appointed in the batch of 1989 as Grading & Marketing Inspectors. When the juniors of the applicant were promoted to the next post of Assistant Grading & Marketing Officer, the applicant had to file the instant writ petition/T.A.
4. The respondents by filing their counter have, inter-alia, submitted as under:-
a. That the petitioner was appointed as Grading & Marketing Inspector in the Directorate of Horticulture (P&M) and was posted in the office of Area Marketing Officer, Mumbai vide Order No. 112-DHPM of 1999 dated: 18-08-1999. Vide Order No. 299-Agri of 2000 dated: 25-09-2000, the Administrative Department ordered that the temporary appointment of the petitioner as Grading Marketing Inspector in the department of Horticulture P&M shall be deemed to have been made with effect from 11-09-1989 for purpose fixation of seniority and pay revision without HARSHIT HARSHIT YADAV YADAV :: 10 :: T.A. No. 61/7620/2021 payment of arrears for the period of he has not actually worked.
b. That the as per Govt. Order No. 299-Agri of 2000 dated: 25- 09-2000 issued by the respondent No.1 has to give the retrospective J&K effect to the service of the petitioner only to the extent of fixation of seniority and pay revision and not for considering his seniority by superseding the relevant rules governing the field of promotion of other officials, therefore, the case of the petitioner needs to be considered as per rules. So far as the reservation rules with regard promotion of the petitioner is concerned, it is submitted that in view of the interim order passed by the Hon'ble Supreme Court relating to the reservation in promotion, the Govt of J&K Vide Circular No. 10 JK(GAD of 2021 dated 05-03-2021 and GAD Vide Om No. GAD/MTG/RB-IV/04/2016 dated 05- 03-2021 directed the Administrative Secretaries to keep the vacancies/ roaster allocable to employees belong to reserve category vacant/ unfilled till disposal of the cases pending in the Hon'ble Supreme Court. The instructions shall subsist till final disposal of the cases pending in the Hon'ble Supreme court.
c. That the service of the petitioner's service was confirmed w.e.f. 11.09.1989 vide Government Order No-244-Agri of 2000 dated:- 25.09.2000 as Grading/ Marketing Inspector.
HARSHIT HARSHIT
YADAV YADAV
:: 11 :: T.A. No. 61/7620/2021
The petitioner was figuring at S. No. 29 of the seniority list of Grading / Marketing Inspector issued by the department in the year 2019. As the petitioner was found eligible and was considered to be placed as In-charge AGMO. The petitioner was given due consideration to look after the higher posts i.e. post of AGMO & AMO vide Order No. 269- DHPM of 2014 dated 21.07.2014 and Govt. Order No. 234- JK (APD) of 2022 dated 30.09.2022 respectively. d. That the quota/reservation in promotion as per existing services rules (Gazetted cadre) for the post of Assistant Grading & Marketing Officer (AGMO) and Area Marketing Officer(AMO) is as under:
S. No Name of post Total Sanctioned post Direct quota Promotion quota 1 AGMOS 35 21@60% 14@40%S However, in view of the double direct entry on Gazetted Cadre as AGMO and AMO which was hampering the promotion avenues of the stakeholders, therefore the Govt.
in 2008 vide order No 275 -Agri of 2008 dated: 30.09.2008 issued an executive order thereby revised the quota direct / promotes which is reflected as under:
S. No. Name of post Total Sanctioned post Direct quota Promotion quota 1 AGMOS 35 10.5@30% 24.5@70% Therefore, respondents have put every possible efforts to benefit in service candidates and conducting DPC from time to time. DPC has been conducted where under 11 HARSHIT HARSHIT YADAV YADAV :: 12 :: T.A. No. 61/7620/2021 officers have been promoted and regularized as Deputy Directors vide Govt. Order No. 47-JK (Horti) of 2022 dated:
18-04-2022.
e. It is further submitted that the regularization/confirmation of the various officers/ officials as per seniority is under consideration and the case of petitioner along with other eligible officers for promotion to higher level shall be dealt under relevant rules governing the field in view of the seniority position of the petitioner in the department. f. That the seniority list of the Grading Inspectors has been prepared as per law/rules where under the petitioner is figuring at S. No. 29 αs per Seniority List issued by the Department vide No. DHPM/101/ Esttb/2019/6015-30 dated: 08.01.2019.
g. That, the respondents have initiated the process of regularization of the various officials/officers and the process is under consideration. The petitioner shall also be considered as per law/rules.
5. By filing rejoinder affidavit, the applicant has reiterated the averments made in the T.A. However, further submitted that the post of AGMO under the reserved category was available after the promotion of Shri M K Bhagat but deliberately and intentionally the applicant was not given the said post. As per seniority list also, the applicant is next senior most person after Sh. Bhagat in reserved category, so on the HARSHIT HARSHIT YADAV YADAV :: 13 :: T.A. No. 61/7620/2021 ground of seniority also the applicant could not have been denied the said promotion. But instead of giving promotion to the applicant Sh. Manzoor Ahmed Mir has been given promotion under reservation who was at sl. No. 38 of the said seniority list under the SC category. Accordingly, the applicant be promoted/regularized w.e.f. appropriate date after 21.10.2005 when the last person in the reserved category was promoted or from the date when his junior i.e. Sh. Manzoor Ahmed Mir was given promotion.
6. Heard learned counsel for the parties and perused the material available on record.
7. Submission of the learned counsel for the applicant is that the case of the applicant for his promotion as A.G.M.O. is also relatable to the benefit of reservation under SRO 294 of 2005 as the applicant is the member of reserved category (OBC/OSC). So, in accordance with the said benefit of reservation the applicant was entitled to be promoted as A.G.M.O. in the year 2008 when, 14 persons were promoted as A.G.M.O. vide Govt. Order No. 93-Agri of 2008 dated 31.03.2008.
Further contended that during the pendency of the instant T.A. the applicant came to be promoted as I/C A.G.M.O. in the year 2014 vide Govt., order No. 269-DHPM of 2014 dated 21.07.2014.
Further argued that during the pendency of the TA, the applicant has also been promoted as I/C A.M.O., Doda vide Govt. order No. 234- JK(APD) of 2022 dated 30.09.2022, so consequent upon the promotion/ regularization of the applicant as A.G.M.O. with retrospective effect HARSHIT HARSHIT YADAV YADAV :: 14 :: T.A. No. 61/7620/2021 under the reserved category, the applicant is also entitled for his further promotion as A.M.O. strictly in accordance with his seniority of A.G.M.O., as may be fixed after regularisation on the said post.
Further prayed that in the light of the submissions, the TA of the applicant may kindly be disposed of by issuing directions for regularization/regular promotion of the applicant as A.G.M.O. against the quota post of OBC/OSC category retrospectively w.e.f. 31.03.2008, i.e. when the juniors of the applicant were promoted and accordingly give further promotion to the applicant on the next consequential post of A.M.O., with all consequential benefits.
8. Learned counsel for the official respondents argued that the petitioner has now attained superannuation in the month of November, 2022. Further contended that the petitioner was appointed as Grading and Marketing Inspector vide G.O. No. 283 dated 05.08.1999 passed in pursuant to the directions of Hon'ble Court and vide order No. 299-Agri of 2000 dated 25.09.2000, the Administrative Department ordered that the temporary appointment of the petitioner as Grading and Marketing Inspector in the department of Horticulture P&M shall be deemed to have been made w.e.f. 11.09.1989 for purpose of fixation of seniority and pay revision without payment of arrears and not for considering his seniority by superseding the relevant rules governing the field of promotion of other officials, therefore, cost of the petitioner needs to be considered as per rules.
HARSHIT HARSHIT
YADAV YADAV
:: 15 :: T.A. No. 61/7620/2021
9. Relevant portion of the final seniority list of Grading/Marketing Inspectors of Horticulture (P&M) Department as it stood on 14.12.2010 is extracted herein below for ready reference:-
S.No. Name Qualification Date of birth Date of Remarks entry into Govt.
Service S/Shri
1. Har Mahinder M.A. 29.03.1953 25.02.1978 Promoted as AGMO Singh vide G.O. No. 458-Agri of 1996 dated 09.09.1996 and subsequently promoted as AMO in the regular grade vide G.O. No. 272-Agri of 2004 dated 29.10.2004 subject to confirmation by PSC/DPC.
2. -- --- -- -- --
24. M.K. Bhagat (SC) B.Sc. 16.10.1957 11.09.1989 Promoted as AGMO in OPG against direct quota post vide G.O. No. 194-Agri of 2005 dated 27.07.2005 and grade was released vide G.O. No. 256-Agri of 2008 dated 19.09.2008 from the date of officer was holding the post in OPG, subject to confirmation by PSC/DPC.
... ... ... ... ... ...
35 Jeevan Nath B.Com 07.11.1962 11.09.1989 -
(OBC)
... ... ... ... ... ...
38. Manzoor Ahmad M.Sc./PS&M 01.05.1966 12.06.1995 Promoted as AGMO
Mir (ST) vide G.O. No. 247-Agri
of 1998 dt. 29.05.1998
in OPG against
promotion quota post
and grade was released
vide G.O. No: 93-Agri
of 2008 dt. 31.03.2008
read with DHPM order
No. 187-DHPM of 2008
dt. 22.07.2008 subject
to confirmation by
PSC/DPC. Both the
orders of release of
grade have been kept
in abeyance by the
Hon'ble High Court in
SWP No. 1208 CMP
No. 2168 and 2468
titled G.M. Rather v/s
State and others.
Presently the officer
has been place as I/C
AMO in his own pay
and grade vide G.O.
No: 274/Agri of 2008
dated 30.09.2008
HARSHIT HARSHIT
YADAV YADAV
:: 16 :: T.A. No. 61/7620/2021
10. As observed by the Hon'ble Apex Court in the case of H.S. Vankani and others Vs. State of Gujarat and others reported in(2010 ) 1 Supreme Court Cases (L&S) 1012 that "Seniority once settled should not be unsettled at the instance of juniors in service."
Apart from this, the Hon'ble Apex Court has further observed as under:-
"Seniority is a civil right which has an important and vital role to play in one's service career. Future promotion of a government servant depends either on strict seniority or on the basis of seniority-cum-merit or merit- cum-seniority, etc. Seniority once settled is decisive in the upward march in one's chosen work or calling and gives certainty and assurance and boosts the morale to do quality work."
11. It is settled position of law that an employee should get at least two promotions in his/her career and that an employee cannot be kept stagnating on the same post for all times to come. Promotion increases efficiency of public service while stagnation reduces efficiency, thus promotion is a normal incidence of service. The Hon'ble Supreme Court in decision reported in AIR 1988 SC 1033 titled Raghunath Prasad Singh vs. Secretary, Home. (police) Department, Government of Bihar and Ors. has held as under:
"Reasonable promotional opportunities should be available in every wing of public service. That generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. In the absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly. We would, therefore, direct the State of Bihar to provide at least two promotional opportunities to the officers of the State Police in the wireless organization, within six months from today by appropriate amendments of Rules."
HARSHIT HARSHIT YADAV YADAV :: 17 :: T.A. No. 61/7620/2021
12. Similar view has been expressed in decision reported in AIR 1990 SC 311 titled Dr. Ms. O.Z. Hussain versus Union of India and Ors.
13. The grievance of the applicant is that he should have been promoted as A.G.M.O. in the year 2008 under the benefit of reservation for OBC/OSC category in accordance with SRO 294 of 2005. That as till date no regular promotion as A.G.M.O. has been made and only adhoc arrangement has been done, so the applicant is seeking his regular promotion as A.G.M.O. by referring the post to PSC/DPC while granting him the benefit of reservation for the reserved OBC/OSC category strictly in accordance with SRO 294 of 2005 against the roaster vacancy for the said post, with all consequential benefits. The perusal of the Govt. Order No. 93-Agri of 2008 dated 31.03.2008 shows that the persons from SC and RBA category were promoted as A.G.M.O. at serial numbers 2&4 of the said order. One Manzoor Ahmed Mir was also promoted at serial number 5 of the said order who though belongs to the ST category but in the order the ST category has not been reflected against his name. The applicant was to be promoted as A.G.M.O. in the same list in the OBC/OSC category but his name was deliberately ignored and he was not given the benefit of reservation. Then again in the year 2012, when Govt. order No. 238-Agri of 2012 dated 04.09.2012 was issued and Respondent No. 3-23 were promoted as A.G.M.O., the applicant was again ignored.
14. In view of the above facts, circumstances and law laid down by the Hon'ble Apex court, we are of the considered opinion that applicant HARSHIT HARSHIT YADAV YADAV :: 18 :: T.A. No. 61/7620/2021 is entitled for promotion w.e.f. 04.09.2012 from the date when his juniors were promoted.
15. Accordingly, T.A. is allowed. Respondents are directed to give promotion to the applicant on the post of Assistant Grading & Marketing officer w.e.f. 04.09.2012 and his name be shown in the seniority list of the AGMO over and above the respondent no. 3 with all consequential benefits. It is further directed to respondents to refer all the posts of AGMO available since 1998 till date to the PSC/DPC for its recommendations and make regular promotions to the posts of AGMO strictly as per the rules and recommendations of the PSC/DPC.
The needful exercise shall be completed immediately, preferably within a period of two months from the date of receipt of certified copy of this order because applicant has stood retired in the year 2022. No costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Member (A) Member (J)
/JNS/
HARSHIT HARSHIT
YADAV YADAV