AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
Shri Ram Mohan Johri, Administrative Member
This is an Original Application filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i.Allow the present OA; and may be pleased to -
ii.Quash the letter impugned issued by the respondent no.2 bearing No. DRDJ - Estt./23/2023-03/7203970/1850 dated 14-08-2026 addressed to all the Assistant Commissioners Development of Jammu Province seeking information regarding so-called illegal promotions of Jr. Assistants to the post of Sr. Assistants and the information has been sought with immediate effect; and may also;
iii.Quash and set aside the communication of the respondent no.4 in turn has issued communication bearing No. ACDD/Estt. /2026-27/113597-13606 dated 22-08-2026 to the Executive Engineer REW Doda and the Block Development Officers of Bhaderwah, Bhallessa, Marmat, Kahara and Changa seeking to furnish the service record of the promoted Senior Assistants and the SATC qualification Certificates of all the Jr. Engineers promoted as Senior Assistants forthwith; and may also be pleased to;
iv.Restrain the respondents from cancelling the promotion of the applicants effected in the year 2019 and 2020 through properly and duly constituted Departmental Promotion Committee or from reverting the applicants back to the post of the Jr. Assistant after having served as Sr. Assistants for years together;
v.Directing the respondents to not to pass any adverse order against the applicants without giving them proper opportunity of being heard and without following theprinciples of natural justice; and to give proper opportunity of being heard to the applicants before passing any order in the matter; and;
Any other appropriate order, direction and command which this Hon'ble Tribunal may deem just fit proper and expedient may kindly be issued in favour of applicant and against the respondents.”
Heard learned counsel for the applicants as well as learned counsel appearing for the respondents.
By means of the instant Original Application, the applicants seek to assail certain communications issued by the respondent-department, primarily the communication/letter bearing No. DRDJ-Estt./23/2023-03/7203970/18501-11 dated 14.08.2026, addressed to the Assistant Commissioners of all the districts of Jammu Province, whereby information was sought regarding the alleged illegal promotions of Junior Assistants to the post of Senior Assistants, followed by a reminder bearing No. DRDJ-Estt./23/2023-03/7203070/19446-55 dated 20.08.2026.
The applicants have further called in question the communication bearing No. ACDD/ESTT./2026-27/13597-13606 dated 22.08.2026, whereby, with reference to certain proceedings of the meeting stated to have been held on 23.07.2026, the Executive Engineer, REW Doda and the concerned Block Development Officers were directed to furnish the Service Books of the promoted Senior Assistants and the SATC qualification certificates of Junior Engineers promoted as Senior Assistants.
The principal grievance of the applicants is that, from the aforesaid departmental communications, they have apprehended that their promotions made in the years 2019 and 2020 may be cancelled/recalled on the ground that they had not passed the Secretariat Accounts Training Course prior to their promotion as Senior Assistants. It is further contended that no notice or opportunity of hearing has been afforded to them and that any proposed reversion/demotion would be contrary to the principles of natural justice.
Having considered the matter, we find that the present Original Application is premature and does not disclose any presently enforceable cause of action.
Such communications cannot be construed as an order determining any right or liability of the applicants. At the highest, they indicate that the competent departmental authorities are examining or verifying certain aspects relating to the promotions in question. The fact that the department has called for Service Books and qualification certificates cannot, by itself, be treated as a final decision to cancel the applicants' promotions or to revert them to the post of Junior Assistant.
The apprehension expressed by the applicants that, as a consequence of the ongoing departmental exercise, they may ultimately be reverted or their promotions may be cancelled, cannot furnish a cause of action at this stage.
We, accordingly, hold that the present Original Application, having been instituted against mere internal departmental communications and correspondence, without there being any final or adverse order against the applicants, is premature and is not maintainable in its present form.
Consequently, the Original Application is dismissed as being premature. There shall be no order as to costs.