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Judgment
Per: Justice Sunil Thomas, Judicial Member
Applicants had approached this Tribunal lamenting that they have not been promoted. By Annexure P1 order dated 03.07.2019, the Original Application was allowed and the Respondent No.1 was directed to consider the case of the applicant and to promote them in the same manner as was done in the case of similarly placed categories.
This order was confirmed by the Hon'ble High Court by Annexure P2 order in OP (CAT) No. 71/2020 dated 14.10.2025.
When the question regarding contempt was brought before this Tribunal, the learned SPC through the compliance report disclosed that passing of the Trade Test is mandatory and the persons who were similarly situated and promoted had already qualified in the Trade. It seems that in the compliance affidavit itself they have indicated that the functional promotion as Mate granted to Chowkidar/ Safaiwala, the promotion heirarchy of the applicant was different from that of Chowkidar/ Safaiwala.
However in the light of the order of this Tribunal which is now sought to be implemented, we are inclined to direct the respondents to conduct a Trade Test as mentioned in the Recruitment Rules and to promote, subject to the outcome of the Trade Test. The test shall be conducted for the applicants now in service who are applicant Nos. 1, 3 and 6, as expeditiously as possible, at any rate within a period of three months from the date of receipt of copy of this order.
The C.P is closed as above. However, we make it clear that if there is any breach of the order passed by this Tribunal, the right of the applicants to revive the C.P from the stage it was closed is also reserved. No costs.