Authorities must decide eligible employees’ excluded promotion claims by a speaking order under applicable service rules.

Twenty-one applicants serving as Assistant Compilers in the Jammu and Kashmir Funds Organization challenged their exclusion from the promotion process for the post of Compiler.

Their service conditions were governed by the Jammu and Kashmir Subordinate Accounts (Unfunded Debt) Service Recruitment Rules, 1980, notified through SRO 520 dated 6 October 1980. Under those Rules, the post of Compiler was to be filled entirely by promotion from Assistant Compilers possessing three years’ experience.

The respondents sought testimonials and requisite information for considering eligible officials for promotion through communications dated 10 September 2025 and 15 January 2026. The applicants claimed that they submitted the required documents after acquiring the prescribed eligibility.

However, their cases were allegedly not placed before the Departmental Promotion Committee (DPC), even though other officials were considered by the DPC on 23 January 2026 and promoted pursuant to orders dated 29 January 2026.

The applicants submitted a representation against their exclusion, which was forwarded to the authorities on 2 July 2026. They thereafter challenged their continued exclusion from the process initiated through communication dated 7 August 2026 and sought consideration of their cases for promotion as Compilers.

The Tribunal permitted the applicants to join in one application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987.

Whether the applicants’ exclusion from the promotion process, despite their alleged eligibility under the 1980 Recruitment Rules and submission of requisite documents, was arbitrary, illegal and violative of Articles 14 and 16 of the Constitution.

Whether the respondents should be directed to place the applicants’ cases before the DPC for consideration for promotion to the post of Compiler.

The Tribunal applied the Jammu and Kashmir Subordinate Accounts (Unfunded Debt) Service Recruitment Rules, 1980, notified through SRO 520 dated 6 October 1980, under which the post of Compiler is to be filled 100% by promotion from Assistant Compilers possessing three years’ experience.

The Tribunal also applied Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, permitting a joint application where applicants have a common cause of action and seek substantially identical reliefs.

The Tribunal noted the applicants’ contention that they had completed the requisite three years’ service, submitted the required information, and were nevertheless excluded while similarly situated officials were considered and promoted.

However, instead of adjudicating whether the exclusion violated Articles 14 and 16 or determining the applicants’ actual eligibility, the Tribunal directed the respondents to examine the matter in the first instance.

The respondents were required to treat the O.A. as a representation, consider the applicants’ eligibility and entitlements under the governing Rules, and determine whether any legal impediment existed.

The Tribunal mandated a reasoned and speaking order, thereby leaving the merits open for determination by the competent authority.

The respondents were directed to treat the O.A. as a representation and decide the applicants’ cases strictly in accordance with the applicable service rules, their eligibility and entitlements, and any legal impediment.

A speaking order was to be passed within six weeks from the date of service of a certified copy of the Tribunal’s order.

All connected miscellaneous applications, if any, were also disposed of.