Tasleema Jan vs LABOUR AND EMPLOYMENT DEPARTMENT
- Court
- Central Administrative Tribunal
ITEM 32 1 OA 56 OF 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. 56/2026
Heard and Reserved on: 01.10.2026
Pronouncement of Order on: 22.10.2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)
Tasleema Jan (Aged 45 years)
D/o: Late Mohammad Akbar Shah
R/o: Pathar Masjid Zaina Kadal, Srinagar Pin code-
190002. House N0 56 Mobile 9419015704.
…… Applicant
By Advocate :
Mr. M A Beigh
VERSUS
1. Union Territory of Jammu & Kashmir through
Commissioner Secretary to Govt. Labour Department
Civil Sectt. Srinagar/ Jammu Pin Code-190001.
2 Labour Commissioner, Srinagar Pin code-190001.
…. Respondents
By Advocate :-
Mr. Syed Musaib, DAG
O R D E R (FINAL)
JUSTICE RITU TAGORE, MEMBER [JUDL.]
01. The applicant has filed the present Original Application
under Section 19 of the Administrative Tribunals Act,
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 2 OA 56 OF 2026
1985, assailing Government/Departmental Order No. 302-
LC of 2025 dated 18.12.2025, issued by Respondent No.
2, whereby her claim for promotion to the post of Junior
Assistant with retrospective effect has not been accepted.
The applicant seeks a direction to the respondents to issue
formal promotion orders in her favor, with retrospective
effect, on the basis of the decision taken by the
Departmental Promotion Committee (DPC) in its meeting
held on 19.01.2023, and to release consequential service
benefits.
02. The applicant’s case, in brief, is that she is serving as an
Aya in the Labor Department and was appointed as such
vide Order No. 534-LC of 1999 dated 24.02.1999. She
asserts that she possesses the requisite qualification and
experience for promotion to the post of Junior Assistant
and has also qualified the prescribed type test. According
to her, the Departmental Promotion Committee considered
the applicant’s case for promotion to the post of Junior
Assistant and, in view of the issue concerning the
Digitally signed by Devendra Tripathi
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Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 3 OA 56 OF 2026
applicability of the relevant Recruitment Rules to the post
of Aya, referred her case to the Administrative
Department for approval, with one post of Junior
Assistant to be kept reserved pending such approval.
03.
The applicant further submits that, by communication
dated 01.09.2025, the Administrative Department
conveyed approval for treating the post of Aya as
Multitasking Staff (MTS), having regard to the nature of
the duties performed by the incumbents. According to the
applicant, the aforesaid clarification removed the
impediment that had prevented the DPC from finalizing
her case. She, therefore, submitted a representation dated
07.10.2025 seeking issuance of formal promotion orders
in terms of the DPC decision. However, instead of
granting the relief sought, Respondent No. 2 issued the
impugned order dated 18.12.2025, which has led to the
filing of the present Original Application.
04. The applicant has challenged the impugned order, inter
alia , on the ground that the same is arbitrary,
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 4 OA 56 OF 2026
unreasonable and contrary to the record. It is submitted on
her behalf that she has been discharging the duties of In-
charge Junior Assistant since 2010 and that her case was
considered by the Departmental Promotion Committee
(DPC) on 19.01.2023. She further submits that one post of
Junior Assistant was kept reserved for her and the
respondents ought to have proceeded further in the matter.
In support of her claim, the applicant relies upon Office
Order No. 66/LC/2010 dated 25.06.2010, whereby certain
Class-IV employees, including the applicant were placed
as In-charge Junior Assistants in their own pay and grade
as a stop-gap arrangement. She also relies upon the order
dated 01.02.1999 whereby Miss Shahnaz Parveen, an
Aya, was promoted as Junior Assistant. According to the
applicant, her case is comparable to that of Miss Shahnaz
Parveen, whose case was also considered for promotion
by the Department. The applicant contends that the
respondents have adopted an inconsistent approach in
dealing with her claim.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 5 OA 56 OF 2026
05. The respondents have filed their objections , opposing the
Original Application. Their principal contention is that the
applicant does not possess an enforceable right to
promotion to the post of Junior Assistant contrary to the
applicable Recruitment Rules. The respondents submit
that promotion to the post of Junior assistant in the Labour
department is regulated by the Jammu and Kashmir
Labour (Subordinate) Service Recruitment Rules 1988.
The post of Aya is not included as a feeder category under
the aforesaid Recruitment Rules for promotion to the post
of Junior Assistant. The respondents maintain that, in the
DPC held on 19.01.2023, the cases of eligible candidates
were considered. The DPC observed that the category of
Aya, along with certain other categories, was not covered
under the recruitment rules governing promotion and,
accordingly decided to seek clarification from the
department, and to keep one post of Junior Assistant
reserved for the applicant, subject to approval by the
competent authority. It is maintained that the aforesaid
Digitally signed by Devendra Tripathi
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Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 6 OA 56 OF 2026
decision was conditional in nature and did not, by itself,
confer any enforceable right upon the applicant to claim
promotion.
06. The respondents further submit that the subsequent
administrative communication concerning the treatment of
the post of Aya as MTS did not, by itself, amend the
statutory Recruitment Rules or confer eligibility for
promotion to the post of Junior Assistant. In the absence
of a formal amendment to the applicable Rules or a lawful
relaxation granted by the competent authority, the
applicant cannot claim promotion as a matter of right. The
respondents accordingly pray for dismissal of the Original
Application.
07. We have considered the pleadings on record and the
material placed before us.
08. From the material placed on record, it emerges that the
applicant was appointed as an Aya and was subsequently
placed to discharge the duties of In-charge Junior
Assistant. Her case was considered by the Departmental
Digitally signed by Devendra Tripathi
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Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 7 OA 56 OF 2026
Promotion Committee in its meeting held on 19.01.2023.
The DPC recorded that she had qualified the departmental
type test in 2006 and fell within the consideration zone.
However, taking note of the fact that the category of Ayas,
along with Process Servers and Dressers, was not
expressly included in the applicable Recruitment Rules for
promotion to the post of Junior Assistant, the DPC
decided to refer her case to the Administrative Department
for approval and, pending such approval, to keep one post
of Junior Assistant reserved for her. The proceedings of
DPC, therefore, did not culminate in an unconditional
recommendation for her promotion. Subsequently, the
applicant’s representation dated 07.10.2025 seeking
issuance of formal promotion orders was rejected by
Respondent No. 2 vide the impugned order dated
18.12.2025.
09. In the backdrop of the aforesaid circumstances, the
question that arises for our consideration is, whether, in
the absence of an express provision in the applicable
Digitally signed by Devendra Tripathi
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Location:
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ITEM 32 8 OA 56 OF 2026
Recruitment Rules for promotion from the category of Aya
to the post of Junior Assistant, can the applicant claim
promotion as a matter of right on the basis of the DPC
proceedings and the past practice relied upon by her, or
whether her claim warrants consideration by the
competent authority for relaxation of the relevant rules, if
such relaxation is permissible under the applicable legal
framework?
10. The controversy involved in the present case requires
examination of the relevant proceedings of the
Departmental Promotion Committee (DPC) held on
19.01.2023, particularly Agenda Point No. 8 concerning
the filling up of the posts of Junior Assistant. The said
proceedings record the applicable Recruitment Rules, the
vacancy position, the eligibility of the candidates, and the
decision taken by the Committee in respect of the
applicant. For proper appreciation of the matter, the
relevant extract of the DPC proceedings is reproduced
below:
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 9 OA 56 OF 2026
“Agenda Point No. 8: Filling up of the Post of Junior Assistant:
RECRUITMENT RULES: As per the Jammu and Kashmir
Labour (Subordinate) Service Recruitment Rules, the method
of recruitment for the post of Junior Assistant is as under:
Designation of the post: Junior Assistant .
Grade: Level 4 (₹25,500–81,100), pre-revised ₹5,200–20,200.
Method of recruitment:
(i) 75% by direct recruitment.
(ii) 25% by promotion from Class-V (Jamadar) and Class-IV
(Orderlies/Chowkidar), from amongst persons having passed
the Matriculation Examination, provided they qualify in the
type test at a speed of not less than 25 words per minute.
SANCTIONED STRENGTH: As per SRO 712 dated
25.10.2019, there are 46 posts of Junior Assistant in the
Department.
REFERENCE OF LAST DPC: In the last DPC meeting held
on 10.03.2022, no proposal was mooted in the category of
Junior Assistant due to non-availability of any vacancy.
Further, the DPC decided that one post reserved for Mr.
Mohammad Yaqoob Mir, Orderly, who was regularized as
Junior Assistant with effect from 01.08.2018 at roster point
No. 16-OM in the DPC held on 11.01.2021, shall continue to
remain reserved at roster point No. 16-OM with effect from
01.08.2018 due to the deemed suspension of the official with
effect from 09.12.2021, ordered by the Deputy Labour
Commissioner, Kashmir, vide Order No. 91-DLC(K) of 2021
dated 23.12.2021.
VACANCY POSITION AS ON 31.12.2022: The sanctioned
strength was 46 posts, comprising 35 posts under the direct
quota and 11 posts under the promotion quota. Against the
direct quota, 27 posts were vacant, out of which 24 posts had
already been referred to the Services Selection Board through
the Administrative Department and three were yet to be
referred. Under the promotion quota, three posts were vacant.
SENIORITY/ELIGIBILITY : As per the seniority list issued
by the Department vide Notification dated 30.03.2021, a
Digitally signed by Devendra Tripathi
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Location:
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ITEM 32 10 OA 56 OF 2026
combined seniority of all Class-IV employees, including
Jamadars, Process Servers, Orderlies, Chowkidars, Dressers,
Ayas and Sweepers, is maintained. The detailed overview of
the Class-IV employees, in order of their combined seniority,
indicates their eligibility and ineligibility for promotion.
PROPOSAL: As per the seniority list issued by the Department
vide Notification dated 30.03.2021, there is a combined
seniority of all Class-IV employees. Smt. Tasleema Jan, Aya,
is the eligible candidate who passed the type test in the year
2006 and falls under the consideration zone.
Also, Sh. Manish Kumar (SC), Orderly, falls under the
consideration zone as the official is Matriculate and has passed
the requisite type test in the year 2016.
Smt. Tasleema Jan belongs to the category of Ayas. The Aya
category of Class-IV employees, along with Process Servers
and Dressers, is not included in the Labour Department
(Subordinate) Service Recruitment Rules. However, the
Department over the years has considered their promotion
to the post of Junior Assistant under the promotion quota.
The General Administration Department (GAD), vide S.O. 133
issued under Notification dated 29.03.2022, changed the
nomenclature of all Class-IV posts and re-designated them as
‘Multitasking Staff (MTS)’, with the nature of job/duties as
per the Annexure to the notification, except the posts of
Sanitation Workers and posts requiring technical qualification,
in all Departments.
In view of the above , as the Department is maintaining a
combined seniority list of all Class-IV employees comprising
Jamadars, Orderlies, Process Servers, Chowkidars, Watchmen,
Ayas, Dressers and Sanitation Workers, and Smt. Tasleema
Jan is the first eligible candidate figuring in the seniority
list who qualified the requisite type test in the year 2006
conducted by the Department, besides being qualified with
a Post-Graduation in Commerce (M.Com), she is proposed
to be confirmed/regularized as Junior Assistant. Moreover,
one more candidate, namely Sh. Manish Kumar, who is the
next eligible candidate for promotion as Junior Assistant, is
Digitally signed by Devendra Tripathi
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Location:
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ITEM 32 11 OA 56 OF 2026
proposed to be confirmed/regularized against an available
vacancy.
Furthermore, one post reserved for Mr. Mohammad Yaqoob
Mir, who was regularized as Junior Assistant with effect from
01.08.2018 at roster point No. 16-OM in the DPC held on
11.01.2021, may continue to be reserved at roster point No.
16-OM with effect from 01.08.2018 due to the deemed
suspension of the official with effect from 09.12.2021 by the
Deputy Labour Commissioner, Kashmir, vide Order No. 91-
DLC(K) of 2021 dated 23.12.2021.
APRs/WORK CONDUCT/INTEGRITY CERTIFICATE AND
VIGILANCE CLEARANCE : The Work Conduct/Integrity
Certificate and the Vigilance Clearance have been examined by
the DPC and found satisfactory.
DECISION:
The DPC , while deliberating on the agenda point, observed that
since the Department is maintaining a combined seniority
list of Class-IV employees, Smt. Tasleema Jan falls within
the consideration zone for promotion to the post of Junior
Assistant, as she qualified the type test conducted by the
Department in the year 2006.
However , the DPC took note of the fact that the Aya
category of Class-IV employees, along with Process
Servers and Dressers, is not included in the Labour
(Subordinate) Service Recruitment Rules. As such, the
DPC decided to take up the matter of Smt. Tasleema
Jan, Aya, with the Administrative Department for
approval. Till such approval is conveyed by the
Administrative Department, the DPC decided to keep
one post of Junior Assistant reserved for Smt. Tasleema
Jan, Aya.
Moreover , the DPC decided that the one post reserved for
Mr. Mohammad Yaqoob Mir, who was regularized as
Junior Assistant with effect from 01.08.2018 at roster
point No. 16-OM in the DPC held on 11.01.2021, shall
continue to be reserved at roster point No. 16-OM with
effect from 01.08.2018 due to the deemed suspension of
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 12 OA 56 OF 2026
the official with effect from 09.12.2021 by the Deputy
Labour Commissioner, Kashmir, vide Order No. 91-
DLC(K) of 2021 dated 23.12.2021.
Accordingly , the Departmental Promotion Committee
recommended promotion/regularization of Mr. Manish
Kumar, Orderly, as Junior Assistant in Level 4 (₹25,500–
81,100), with effect from the date and roster point shown
in the proceedings.”
11. The aforesaid proceedings indicate that the DPC
considered the applicant’s case in the context of the
combined seniority list maintained for Class-IV
employees and recorded that she had qualified the
departmental type test in 2006. The Committee also took
note of her educational qualification and the fact that the
categories of Ayas, Process Servers and Dressers were not
expressly included in the applicable Labour (Subordinate)
Service Recruitment Rules for promotion to the post of
Junior Assistant. It accordingly decided to refer the
applicant’s case to the Administrative Department for
approval and, pending such approval, to keep one post of
Junior Assistant reserved for her. The proceedings further
record that the Work Conduct/Integrity Certificate and
Digitally signed by Devendra Tripathi
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Location:
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ITEM 32 13 OA 56 OF 2026
Vigilance Clearance had been examined and found
satisfactory. The DPC separately recommended the
promotion / regularization of Sh. Manish Kumar, Orderly,
and decided to continue the reservation of the post
pertaining to Sh. Mohammad Yaqoob Mir at roster point
No. 16-OM, in view of his deemed suspension.
12. The DPC proceedings also record, under Agenda Point
No. 7 concerning the filling up of the posts of Senior
Assistant, that two vacancies in that cadre were available.
One vacancy had arisen due to the retirement of Smt.
Hamida Mir on 31.07.2022, while the other had arisen
consequent upon the promotion of Mr. Roop Sharma,
Senior Assistant, as Labour Inspector, which had been
confirmed by the DPC under Agenda Point No. 4. The
Committee observed that both vacancies were required to
remain unfilled because eligible candidates were not
available from the category of Junior Assistants. The
aforesaid decision forms part of the broader proceedings
of the DPC meeting dated 19.01.2023. However, since the
Digitally signed by Devendra Tripathi
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Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 14 OA 56 OF 2026
present Original Application concerns the applicant’s
claim for promotion to the post of Junior Assistant, hence
her claim needs to be examined primarily in the light of
the specific deliberations and decision recorded under
Agenda Point No. 8 concerning that post.
13. A careful reading of the DPC proceedings does not
support the conclusion that the applicant had been finally
and unconditionally promoted or that the DPC had issued
a concluded recommendation which, by itself, required
the immediate issuance of a formal promotion order.
Rather, the proceedings disclose that the matter remained
subject to clarification regarding the applicability of the
Recruitment Rules to the category of Aya. The reservation
of a post for the applicant, in that context, cannot be read
in isolation from the condition recorded in the
proceedings.
14. The fact that the DPC did not take a final decision on the
applicant’s promotion in view of the position of the post
of Aya under the applicable Recruitment Rules is a
Digitally signed by Devendra Tripathi
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Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 15 OA 56 OF 2026
relevant circumstance that requires consideration in the
light of the proceedings recorded by the Committee. The
Committee had considered it necessary to seek
clarification from the Administrative Department and
accordingly referred the matter to the competent
departmental forum. The subsequent action taken by the
respondents, therefore, requires examination in the context
of the aforesaid proceedings and the development that
followed.
15.
The applicant relies upon the communication dated
01.09.2025 issued by the Administrative Department,
which conveyed approval for treating the post of Aya as
MTS, having regard to the nature of the duties attached to
the post. The said communication is material to the
applicant’s claim because the absence of clarity regarding
the status of the post of Aya was the very issue that had
prevented the DPC from taking the matter to its logical
conclusion.
16. It is, however, necessary to distinguish between the
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ITEM 32 16 OA 56 OF 2026
administrative treatment or nomenclature of a post and the
statutory conditions governing promotion to another post.
An administrative clarification regarding the treatment of
a post as MTS does not, without more, establish that all
the eligibility conditions prescribed for promotion to the
post of Junior Assistant stand fulfilled. Nor can such a
clarification be treated as an automatic amendment of the
applicable Recruitment Rules. The applicant’s claim must
accordingly be considered within the framework of the
governing service rules and the powers available to the
competent authority.
17. The respondents are justified in contending that promotion
to a public post must be governed by the applicable
Recruitment Rules and that a claim to promotion cannot
be allowed merely on the basis of an administrative
understanding or an expectation arising from the DPC
proceedings. At the same time, the existence of the
Recruitment Rules does not absolve the competent
authority from considering the applicant’s case in a fair
Digitally signed by Devendra Tripathi
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Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 17 OA 56 OF 2026
and reasoned manner, particularly when the department
itself had referred the issue for clarification and the
Administrative Department subsequently issued a
communication concerning the status of the post.
18.
The applicant has also relied upon earlier departmental
orders in support of her claim of parity. Office Order No.
66/LC/2010 dated 25.06.2010, placed at Annexure IV ,
records the placement of certain Class-IV employees,
including Miss Tasleema, as In-charge Junior Assistants
in their own pay and grade, purely as a stop-gap
arrangement. The order expressly stipulated that the
arrangement would not confer any preferential right upon
the incumbents to hold the post if the DPC did not find
them fit under the applicable rules. The applicant has
further relied upon the order dated 01.02.1999 concerning
the promotion of Miss Shahnaz Parveen, an Aya, as Junior
Assistant, placed at Annexure IX . The said order,
however, made its effectiveness conditional upon
withdrawal of the writ petition filed before the High
Digitally signed by Devendra Tripathi
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Location:
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ITEM 32 18 OA 56 OF 2026
Court. These orders are relevant to the applicant’s plea
that the Department has, in the past, dealt with employees
belonging to the category of Ayas in connection with the
post of Junior Assistant. Their legal effect must, however,
be assessed in the light of the terms and conditions
contained therein and the applicable Recruitment Rules.
Neither the stop-gap placement order nor the earlier
promotion order, by itself, establishes an unconditional
right in the applicant to promotion. Nevertheless, the
material relied upon by the applicant warrants fair
consideration by the competent authority while examining
her claim and the question of parity.
19. The issue, therefore, is not whether the applicant must
automatically be promoted on the strength of the DPC
proceedings dated 19.01.2023 or the administrative
communication dated 01.09.2025. The issue is whether, in
the facts and circumstances of the case, the competent
authority ought to consider the applicant’s request for one-
time relaxation, if permissible under the applicable rules
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 19 OA 56 OF 2026
and law, in order to address the specific difficulty arising
from the treatment of the post of Aya under the
Recruitment Rules.
20. The power to relax service rules, wherever such power
exists, must be exercised by the authority competent under
the applicable statutory framework and subject to the
conditions governing its exercise. A direction for
consideration of relaxation cannot be construed as a
direction to grant relaxation or promotion. The competent
authority must independently examine whether the
applicable rules confer such power, whether the
circumstances warrant its exercise, and whether the
proposed course is consistent with the governing service
framework and the requirements of public administration.
21.
In the present case, the DPC had specifically identified the
difficulty arising from the omission of the category of Aya
from the relevant Recruitment Rules and referred the
matter to the Administrative Department for approval,
while keeping one post of Junior Assistant reserved for
Digitally signed by Devendra Tripathi
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Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 20 OA 56 OF 2026
the applicant pending such approval. Subsequently, the
General Administration Department issued S.O. 133 dated
29.03.2022, re-designating most Class-IV posts as
Multitasking Staff (MTS), subject to the exceptions
specified therein, and the Administrative Department
communicated its decision dated 01.09.2025 concerning
the treatment of the post of Aya as MTS. These
developments are material and ought to be considered
together with the applicable Recruitment Rules, the DPC
proceedings dated 19.01.2023, the applicant’s service
record, the satisfactory Work Conduct/Integrity Certificate
and Vigilance Clearance recorded by the DPC, and the
earlier departmental orders relied upon by the applicant.
At the same time, re-designation of a post as MTS does
not, by itself, establish that the statutory Recruitment
Rules governing promotion to the post of Junior Assistant
have been amended or that the applicant has acquired an
automatic right to promotion. The competent authority
must examine the legal effect of the aforesaid
Digitally signed by Devendra Tripathi
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Location:
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ITEM 32 21 OA 56 OF 2026
developments and determine the course permissible under
the applicable rules.
22. In view of the foregoing discussion, the applicant’s claim
for promotion with retrospective effect and consequential
service benefits cannot be granted directly by this
Tribunal at this stage, as the DPC proceedings dated
19.01.2023 did not culminate in an unconditional
recommendation for her promotion. However, the DPC
had specifically referred her case to the Administrative
Department for approval and decided to keep one post of
Junior Assistant reserved for her pending such approval.
The subsequent communication dated 01.09.2025
concerning the treatment of the post of Aya as
Multitasking Staff (MTS) is also a relevant development
which requires consideration along with the applicable
Recruitment Rules, the applicant’s service record and the
earlier departmental orders relied upon by her. In these
circumstances, the appropriate course would be to direct
the competent authority to consider the applicant’s request
Digitally signed by Devendra Tripathi
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Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 22 OA 56 OF 2026
for one-time relaxation, if permissible under the
applicable rules and law, and take a reasoned decision
thereon.
23. Accordingly, the competent authority shall consider the
applicant’s request for one-time relaxation, under the
applicable rules and law, and pass a reasoned and
speaking order within eight weeks from the date of
receipt of a certified copy of this order. While doing so,
the authority shall take into account the DPC proceedings
dated 19.01.2023, the communication dated 01.09.2025,
the applicant’s service record, the Work Conduct/Integrity
Certificate and Vigilance Clearance recorded by the DPC,
and the earlier departmental orders relied upon by the
applicant. The decision shall be taken independently on
the merits of the case and in accordance with the
applicable rules and law.
24. Having regard that the respondents, have already reserved
one post of Junior Assistant for the applicant, as
acknowledged before this Tribunal, shall take the matter
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 23 OA 56 OF 2026
to its logical conclusion. The interim direction for
reservation of the said post shall continue to operate for
a period of eight weeks from the date of receipt of a
certified copy of this order, or until the competent
authority passes a reasoned order on the applicant’s
request for one-time relaxation, whichever is earlier.
Upon the passing of such order, the interim
direction shall cease to operate, and the respondents
shall proceed in respect of the said post in
accordance with the decision so taken and the
applicable rules and law. It is clarified that
continuation of the interim arrangement for the aforesaid
limited period shall not be construed as conferring any
right upon the applicant to promotion or retrospective
service benefits.
25.
There shall be no order as to costs.
26. Pending miscellaneous application(s), if any, shall also
stand disposed of.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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ITEM 32 24 OA 56 OF 2026
27. The Registry shall consign the record to the Record Room
after due compliance.
(PRASANT KUMAR)
(JUSTICE RITU TAGORE)
Member (Admn.)
Member (Judl.)
22.10.2026
DEVENDRA TRIPATHI
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, [email protected]
Reason: I am the author of this document
Location:
Devendra Tripathi Date: 2026.10.23 14:59:17+05'30'
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