CAT restrain from promotion of JAA to SDAO
JKUT (Jammu), July-19-2021-( JNF):- A Bench of Central Administrative Tribunal Comprising Judicial Member RS Jain and Administrative Member Anand Mathur after hearing Sr. Adv Abhinav Sharma restrained Govt from making any promotion of Junior Agriculture Assistant of Jammu and Kashmir Agriculture (Subordinate) Service, if they do not possess five years of service as Subject Matter Specialist (Grade-III) and Subject Divisional Agriculture Officer (SDAO).
This significant order has been passed in a petition filed by petitioner aggrieved of action of respondent no. 1 is granting further promotion to respondents no. 4 to 32 against class-V posts under J&K Agriculture (Gazetted) Service Recruitment Rules, 1988 is thoroughly unconstitutional, inasmuch as the respondent no. 4 to 32 are not eligible for such promotion, as under the J&K Agriculture (Gazetted) Service Recruitment Rules, 1988 the respondents no. 4 to 32 are required to possess minimum five years of service as subject Service Grade-III/Sub Divisional Office /Programme office to which posts respondents no. 4 to 32 were promoted vide Govt. order no. 98-JK(Agri) of 2020 dated 10.06.2020. It is stated that the respondent no. 4 to 32 as on date have not completed even one year service against Class-VI posts, therefore, are not eligible, even to be considered for promotion to various posts under Class-V under J&K Agriculture (Gazetted) Service Recruitment Rules, 1988.
CAT after hearing Sr. Adv Abhinav Sharma assisted by Adv Abhimanyu Sharma for the petitioners whereas CGSC Raghu Mehta for the respondents issued notice to respondents and in the meanwhile ordered that the respondents are temporarily restrained from making any promotion of Junior Agriculture Assistant of Jammu and Kashmir Agriculture (Subordinate) Service, if they do not possess five years of service as Subject Matter Specialist (Grade-III) and Subject Divisional Agriculture Officer (SDAO).