Direction to Convene DPC to Consider Promotion of Village Level Worker Possessing Requisite PGDRD Qualification

The applicant, Pervaiz Ahmad Dar, is serving as a Village Level Worker (VLW)/Panchayat Secretary in the Rural Development Department, District Kulgam

He holds a Post Graduate Diploma in Rural Development (PGDRD), obtained with prior permission from competent authorities

The applicant challenged an order dated 11.08.2025, which rejected his claim for promotion to the post of Panchayat Inspector Grade-II

He contended that the rejection was based on a hyper-technical interpretation of Recruitment Rules

During the proceedings, the applicant also sought to change his legal counsel under Rule 64 of the CAT Rules of Practice, 1993, after previous counsel declined written consent

1. Whether the applicant is entitled to be considered for promotion to the post of Panchayat Inspector Grade-II under the 5% quota earmarked for VLWs with PGDRD qualifications

2. Whether the court should direct the respondents to convene a Departmental Promotion Committee (DPC) to assess the applicant’s eligibility based on his 13 years of service

The court primarily applied the Central Administrative Tribunal Rules of Practice, 1993 (Rule 64), regarding the change of counsel without consent

Substantiative relief was governed by the J&K Rural Development Department (Subordinate) Service Recruitment Rules, specifically SRO 178 of 2007, which reserves a 5% quota for VLWs with a PGDRD for promotion to Panchayat Inspector Grade-II, subject to qualifying service of 08 years in Class-IV or 05 years in Category-B

The Tribunal noted that the applicant had completed 13 years of service as of March 2026 and possessed the requisite PGDRD qualification obtained via proper channels

The applicant’s counsel limited the prayer to a request for the respondents to consider the applicant’s claim via a DPC based on the 2005 vacancy reference, foregoing other reliefs in the Original Application

The respondents, represented by the AAG, did not object to considering the claim as long as it was subject to eligibility and statutory rules

Consequently, the Tribunal found it appropriate to direct a time-bound consideration of the promotion claim without delving into the merits of the hyper-technical interpretation previously used by the department

the Tribunal directed the respondents to consider the applicant's claim for promotion to Panchayat Inspector Grade-II by convening a Departmental Promotion Committee (DPC)

This consideration is strictly subject to the applicant's entitlement, eligibility, and the governing Recruitment Rules. The O.A. and associated M.As were disposed of with no order as to costs