Bablu Sharma vs HEALTH AND MEDICAL EDUCATION DEPARTMENT

:: 1 :: O.A. No. 719/2022

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing
Original Application No. 719/2022
Reserved on: - 26.02.2026
Pronounced on: - 16.10.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)


1. Bablu Sharma, aged 27 years S/o Subash Chander R/o -Kunthal,
Teh: Hiranagar, District, Kathua, 184148.
2. Amit Sharma, aged 29 years S/o Banarsi Dass R/o v.p.o- Naran,
Teh: Ghagwal District: Samba, 184141.
...Applicants
(By Advocate: - Mr. Avish Sharma)

VERSUS


1. Union Territory of Jammu & Kashmir Through
Secretary/Commissioner Health and Medical Education Department
Civil Secretariat, Jammu 180001.
2. Govt. Medical College and Associated Hospitals Jammu Through its
Principal Maheshpura chowk, Bakshi Nagar, Jammu, J&K 180001.
HARSHIT Digitally signed by
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YADAV

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3. Govt. Medical College and Associated Hospitals Jammu Through its
Personal Officer (PO) Mahespura chowk, Bakshi Nagar, Jammu,
J&K 180001.
…Respondents.


(By Advocate: - Mr. Sudesh Magotra, ld. AAG)

















HARSHIT Digitally signed by
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YADAV

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ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The applicant has filed the present Original Application under Section
19 of the Administrative Tribunals Act, 1985 seeking the following
reliefs: -
a) “That this Hon’ble Tribunal may allow the instant Original
Application;
b) That this Hon’ble Tribunal may kindly be pleased to issue an
order directing Respondents to consider the qualification
(Electrician training course) of the Applicants and approve
their eligibility for in-service promotion in the Electrical cadre
(Lineman);
c) That this Hon’ble Tribunal may kindly be pleased to quash the
impugned rule/restriction mentioned in the seniority list dated
21/05/2022; and
d) To pass such other orders which are found just fit and proper
under the circumstances of the case.”
HARSHIT Digitally signed by
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YADAV

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2. The applicants have filed the present Original Application under
Section 19 of the Administrative Tribunals Act, 1985, seeking
directions to the respondents to recognize their technical qualifications
in the Electrician Trade and declare them eligible for consideration for
in-service promotion to the post of Lineman in the Electrical Cadre.
They have also challenged the restriction incorporated in the seniority
list issued in 2022, whereby technical qualifications acquired without
prior permission of the competent authority are not to be considered
for promotion.
3. The brief facts of the case are that the applicants were appointed as
Class-IV employees in the Associated Hospitals of Government
Medical College, Jammu. Applicant No. 1, Bablu Sharma, was
appointed vide order dated 22.10.2014 and joined service on
12.01.2015, whereas applicant No. 2, Amit Sharma, was appointed
vide order dated 30.09.2014 and joined service on 27.09.2014. Both
applicants had acquired technical qualifications in the Electrician
Trade from Government Industrial Training Institutes before entering
government service.
4. The applicants submit that the advertisement under which they were
appointed prescribed Matriculation as the minimum qualification and
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10+2 as the maximum qualification for Class-IV posts in terms of
SRO-99 of 2008. However, the advertisement did not contain any
condition that a technical qualification acquired before appointment
would not be recognized for future promotion.
5. It is further submitted that the respondents issued circulars dated
26.02.2016 and 19.11.2019, calling upon Class-IV employees to
furnish details of their educational and technical qualifications for
inclusion in the departmental records. Pursuant to these circulars, the
applicants submitted their Electrician Trade certificates, which were
entered in their service records. Their names also appeared in the final
seniority list issued on 20.05.2020 at serial Nos. 659 and 524,
respectively.
6. The applicants rely upon Government Order No. 34-HME of 2018
dated 11.01.2018, which prescribed the method of recruitment and
promotion to various posts in Government Medical Colleges and
Associated Hospitals. According to the applicants, the said order
provided for filling 75% of the posts of Lineman through direct
recruitment and 25% through promotion from eligible in-service
candidates possessing Matriculation and a recognized diploma in the
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Electrical Trade. They submit that there was no condition requiring
the diploma to have been obtained after entering government service.
7. The applicants further submit that they obtained information under the
Right to Information Act, which revealed that no general restriction
had been imposed by the General Administration Department against
consideration of technical qualifications acquired before appointment.
They have also referred to the cases of Tilak Raj, Yogi Raj, Gansham
and Kulsooma, who, according to them, were promoted despite
having acquired their technical qualifications before joining
government service.
8. The grievance of the applicants arose when the respondents issued a
communication dated 20.04.2022 seeking particulars of employees for
promotional consideration, but their names were not included. They
submitted a representation dated 21.04.2022 requesting consideration
of their cases for promotion to the post of Lineman. However, no
decision was communicated to them.
9. The applicants are also aggrieved by the condition incorporated in the
seniority list issued in 2022, providing that technical qualifications
would be considered for promotion only where the employee had
obtained prior permission from the competent authority. According to
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the applicants, this condition is arbitrary because they had acquired
their technical qualifications before entering government service,
when there was no question of seeking permission from the
department.
10. The applicants contend that they possess the qualifications prescribed
for promotion and cannot be denied consideration merely because
their diplomas were acquired before appointment. They have,
therefore, approached this Tribunal seeking appropriate relief.
11. The respondents have filed their reply opposing the Original
Application. The respondents admit that the applicants were appointed
as Class-IV employees in 2014. However, they submit that
appointments to Class-IV posts were governed by SRO-99 of 2008,
which prescribed Matriculation as the minimum and 10+2 as the
maximum educational qualification. According to the respondents, the
applicants cannot claim promotional benefits merely on the basis of
technical qualifications acquired before their appointment.
12. The respondents further submit that Government Order No. 457-
JK(HME) of 2023 dated 06.02.2023 has prescribed the revised
recruitment rules for various posts in Government Medical Colleges.
Under the revised rules, the post of Lineman no longer exists, whereas
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the posts of Junior Electrician/D.G. Operator have been provided. The
method of recruitment to these posts includes 75% direct recruitment
and 25% promotion from eligible in-service candidates possessing the
prescribed technical qualifications and requisite length of service.
13. The respondents state that both applicants completed their Electrician
Trade courses during August 2012 to July 2014, before entering
government service. A clarification was therefore sought from the
Administrative Department regarding recognition of such
qualifications for promotion under the in-service quota.
14. The Administrative Department, vide communication dated
26.06.2023, clarified that technical or higher qualifications should be
considered only in respect of Class-IV employees who had obtained
proper permission from the competent authority. Relying upon this
clarification, the respondents submit that the applicants are not
entitled to recognition of their technical qualifications for promotion,
as they had acquired the same before entering government service
without obtaining departmental permission.
15. The respondents maintain that their action is in accordance with the
applicable rules and administrative instructions. They have
accordingly prayed for dismissal of the Original Application.
HARSHIT Digitally signed by
HARSHIT YADAV
YADAV

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16. We have heard learned counsel for the parties and carefully examined
the pleadings and material available on record.
17. The main question which arises for consideration is whether the
respondents can refuse to recognize the technical qualifications of the
applicants for promotional purposes merely because those
qualifications were acquired before their appointment as Class-IV
employees and without obtaining prior permission from the
department.
18. At the outset, we find that the controversy involved in the present
Original Application is substantially covered by the judgment dated
28.07.2026 passed by this Tribunal in O.A. No. 594/2022 , titled Dolly
Sharma v. Union Territory of Jammu & Kashmir & Others . The
said judgment was rendered by this Tribunal involving the same
department and an almost identical dispute regarding recognition of
technical qualifications acquired before entering government service.
19. In O.A. No. 594/2022, the applicant was also appointed as a Class-IV
employee in the Associated Hospitals of Government Medical
College, Jammu. She had acquired her Female Multi-Purpose Health
Worker qualification before appointment. The respondents had
refused to recognize her qualification for promotion on the ground
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that she had not obtained prior permission from the competent
authority. The same condition incorporated in the seniority list of
2022 and the clarification dated 26.06.2023 were also involved in that
case.
20. After examining the applicable recruitment rules and the submissions
of both sides, this Tribunal held that SRO-99 of 2008 governs
eligibility for initial appointment to Class-IV posts and cannot
automatically be extended to deny promotional consideration on the
basis of a technical qualification acquired before appointment. It was
further held that the eligibility conditions for initial recruitment and
those for promotion operate in different fields and must be examined
separately.
21. The Tribunal also observed that a person who has not yet entered
government service cannot reasonably be expected to obtain
permission from a department with which no employer-employee
relationship exists. The requirement of prior departmental permission
may be relevant where an existing government employee wishes to
undertake a course during service. However, the same condition
cannot ordinarily be applied to a qualification acquired before
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appointment, unless the applicable recruitment rules expressly provide
otherwise.
22. The Tribunal further held that a seniority list is meant to determine the
relative position of employees in a particular cadre. It cannot, by
itself, introduce additional eligibility conditions for promotion which
are not provided under the governing recruitment rules. Similarly, an
administrative clarification cannot override or amend the statutory
recruitment rules.
23. In that case, the Tribunal also examined the communication dated
26.06.2023 relied upon by the respondents and held that such a
subsequent clarification could not retrospectively deprive an
employee of the right to have an existing technical qualification
considered for promotion, particularly when no such restriction was
shown to exist under the applicable rules.
24. Accordingly, O.A. No. 594/2022 was allowed. The respondents were
directed to recognize the applicant’s technical qualification and place
her case before the competent Departmental Promotion Committee for
consideration in accordance with the applicable recruitment rules. The
Tribunal also clarified that recognition of a qualification does not
automatically confer a right to promotion, which remains subject to
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seniority, suitability, availability of vacancies and other prescribed
conditions.
25. Coming to the present case, we find that the applicants stand on
substantially the same footing. Both applicants acquired their
Electrician Trade qualifications before joining government service.
Their qualifications were subsequently furnished to the department
pursuant to the circulars issued by the respondents and were entered in
the departmental records. The respondents have not disputed that the
applicants completed their technical courses from Government
Industrial Training Institutes.
26. The principal objection raised by the respondents is that the applicants
had not obtained prior permission from the competent authority before
acquiring their technical qualifications. However, this objection has
already been examined and answered in O.A. No. 594/2022. The
applicants were not government employees when they underwent the
Electrician Trade courses. Therefore, they could not have been
expected to obtain permission from the respondents at that stage.
27. We are also of the view that the maximum educational qualification
prescribed under SRO-99 of 2008 for initial recruitment to Class-IV
posts cannot, by itself, be treated as a permanent restriction against
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consideration of a technical qualification for future promotion. The
applicants were selected and appointed by the respondents, and their
appointments have not been challenged or cancelled. Their eligibility
for promotion must therefore be examined under the rules governing
the promotional post.
28. It is important to note that Government Order No. 34-HME of 2018
provided for filling 25% of the posts of Lineman through promotion
from eligible in-service candidates possessing the prescribed technical
qualification. The respondents have not identified any express
provision in the said order requiring that the Electrician Trade
diploma must necessarily have been acquired after appointment.
29. The respondents have also relied upon Government Order No. 457-
JK(HME) of 2023, under which the post of Lineman is stated to have
been replaced by the posts of Junior Electrician/D.G. Operator. The
revised rules also provide for filling 25% of the posts through
promotion from eligible in-service candidates possessing the
prescribed technical qualification and requisite service. The
respondents have not shown any express provision in the revised rules
which makes a diploma acquired before appointment invalid for
promotional purposes.
HARSHIT Digitally signed by
HARSHIT YADAV
YADAV

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30. Therefore, the change in the designation or structure of the
promotional posts does not, by itself, justify rejection of the
applicants’ technical qualifications. The respondents are required to
examine their eligibility against the appropriate posts in the Electrical
Cadre under the recruitment rules applicable at the relevant time.
31. We also find substance in the applicants’ contention that similarly
situated employees had earlier been promoted despite possessing
technical qualifications acquired before appointment. The applicants
have referred to specific instances in support of their claim. Although
promotion granted to another employee cannot automatically create an
entitlement to the same benefit, the department is expected to apply
the recruitment rules fairly and consistently. Any difference in
treatment must have a reasonable basis supported by the applicable
rules.
32. Government service provides employees with opportunities to
improve their skills and progress in their careers. Where an employee
already possesses a recognized technical qualification relevant to a
promotional post, that qualification should not be disregarded merely
because it was obtained before joining service, unless the rules
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specifically require such exclusion. A fair opportunity for promotional
consideration is an important aspect of equality in public employment.
33. We are conscious that promotion is not an automatic right. An
employee must fulfil the eligibility conditions prescribed under the
applicable recruitment rules, including the required length of service,
seniority, suitability and other relevant requirements. Availability of a
vacancy in the prescribed promotional quota is also an important
consideration. However, an otherwise eligible employee cannot be
excluded from consideration on the basis of a condition which is not
supported by the governing rules.
34. In the present case, the applicants are not seeking promotion merely
because they possess Electrician Trade diplomas. Their principal
grievance is that their qualifications are being disregarded solely
because they were acquired before appointment without prior
departmental permission. This issue has already been decided in O.A.
No. 594/2022, and we find no material distinction which would justify
taking a different view.
35. Judicial consistency also requires that similarly situated employees
should ordinarily receive similar treatment, particularly when the
controversy arises from the same departmental instructions and
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recruitment provisions. We, therefore, find it appropriate to follow the
reasoning and conclusions recorded by this Tribunal in its judgment
dated 28.07.2026 in O.A. No. 594/2022.
36. In view of the foregoing discussion, we hold that the respondents are
not justified in refusing to recognize the applicants’ Electrician Trade
qualifications solely on the ground that the same were acquired before
entering government service without prior departmental permission.
The applicants are entitled to have their eligibility for promotion
examined in accordance with the applicable recruitment rules, without
applying the aforesaid restriction.
37. Accordingly, the present Original Application is allowed in terms of
the judgment dated 28.07.2026 passed by this Tribunal in O.A. No.
594/2022, titled Dolly Sharma v. Union Territory of Jammu &
Kashmir & Others , with the following directions:
a) The condition incorporated in the seniority list issued in 2022,
insofar as it excludes the applicants’ technical qualifications
from consideration for promotion merely because the same
were acquired before appointment without prior departmental
permission, is quashed and set aside to that extent.
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b) The respondents shall recognize the Electrician Trade
qualifications possessed by applicant No. 1, Bablu Sharma, and
applicant No. 2, Amit Sharma, as valid technical qualifications
for determining their eligibility for promotion under the
applicable recruitment rules, subject to verification of their
certificates and fulfilment of the prescribed educational
requirements.
c) The respondents shall place the cases of both applicants before
the competent Departmental Promotion Committee or other
competent authority for promotion against the appropriate posts
in the Electrical Cadre, including Junior Electrician/D.G.
Operator, as permissible under the applicable recruitment rules.
d) While examining their cases, the respondents shall take into
account their seniority, length of service, suitability, service
record, availability of vacancies in the promotional quota and
other prescribed conditions. However, their claims shall not be
rejected merely because their Electrician Trade qualifications
were acquired before entering government service without prior
departmental permission.
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YADAV

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e) The respondents shall also examine whether any employee
junior to the applicants or similarly situated has already been
promoted against the relevant promotional quota. If the
applicants are found otherwise eligible and entitled to
promotion from an earlier date under the applicable rules, they
shall be granted appropriate notional benefits, including
fixation of seniority and pay, from the date on which their
immediate junior or similarly situated employee was promoted.
Actual monetary benefits shall be payable from the date they
actually assume duties on the promotional post.
f) The entire exercise shall be completed within a period of three
months from the date of receipt of a certified copy of this order.
A reasoned and speaking order shall thereafter be
communicated to both applicants.
38. It is clarified that this Tribunal has not directed automatic promotion
of the applicants. The directions are intended to ensure that their
technical qualifications are duly recognized and that their cases are
examined fairly under the applicable recruitment rules, without
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imposing an unsupported restriction relating to the date of acquisition
of their qualifications.
39. With the aforesaid observations and directions, the Original
Application stands allowed. There shall be no order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /

HARSHIT Digitally signed by
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