Employees who first acquire promotion eligibility must receive priority in consideration for promotion.

The applicants were working as Multi-Tasking Staff (MTS) in the Education Department and had successfully cleared the type test conducted in March 2024, thereby claiming eligibility for consideration for promotion to the post of Junior Assistant.

Instead of prioritising their claims, the respondents issued a notification dated 9 September 2026 inviting eligible MTS employees to appear in another type test, which was conducted on 15 September 2026.

The applicants contended that employees who had failed the 2024 type test were being permitted to reappear before the applicants were promoted, contrary to the principles of merit-cum-seniority and SRO 240 dated 30 April 1979.

A connected Miscellaneous Application seeking permission to join and pursue the Original Application was allowed.

1. Whether the applicants and other candidates who qualified the type test in March 2024 were entitled to have their claims prioritised for promotion to the post of Junior Assistant before candidates permitted to undertake a subsequent type test.

2. Whether the respondents were required to consider the applicants’ claims in accordance with the principles of merit-cum-seniority, SRO 240 dated 30 April 1979, and the decision in Mohammad Saleem Darzi.

The Tribunal applied the applicable service-promotion framework under SRO 240 dated 30 April 1979 and the principle of merit-cum-seniority relied upon by the applicants.

It further relied on Mohammad Saleem Darzi & Another v. State of J&K & Others, which supports the principle that an employee who first acquires the requisite eligibility for promotion should fall within the zone of consideration before persons acquiring eligibility subsequently.

The Tribunal did not finally adjudicate the merits of the applicants’ promotional entitlement.

The Tribunal noted that the applicants had cleared the type test in March 2024, whereas the respondents subsequently invited applications for another type test through the notification dated 9 September 2026.

Applying the principle recognised in Mohammad Saleem Darzi, the Tribunal considered that the applicants’ earlier-acquired eligibility required consideration for prioritisation before the claims of candidates who were being permitted to qualify through the later process.

Rather than determining the validity of the notification or granting promotion directly, the Tribunal considered that the matter could be effectively addressed by directing the respondents to examine the applicants’ claims in light of the governing service rules and precedent.

The respondents were directed to consider and prioritise the claims of eligible candidates, including the applicants, who had qualified the type test conducted in March 2024, for promotion to the next higher grade/post of Junior Assistant, in light of Mohammad Saleem Darzi.

The respondents were required to take a decision within two weeks from receipt of a certified copy of the order.

No order as to costs was made.