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2024 Supreme(Online)(CAT) 17982

CENTRAL ADMINISTRATIVE TRIBUNAL
RAJINDER SINGH DOGRA, J, RAM MOHAN JOHRI, A
Abdul Rashid Sheikh – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Faheem Shokat Butt
For the Respondents:Mr. Dewakar Sharma, Ld. DAG for respondent No.1 to 3, Mr. Akshay Sadotra for respondent No.4

Table of Content
1. transfer of service disputes to this tribunal after reorganization of states. (Para 1 , 2 , 3)
2. petitioner's history of pay adjustments relevant to the case. (Para 4 , 5 , 6)
3. legal implications of assigning notional pay for pension calculations. (Para 7 , 8)
4. final decision to rectify the notional claims into actual benefits. (Para 9 , 10)

ORDER ( FINAL)

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. The applicant had initially approached the Hon’ble High Court of Jammu & Kashmir at Jammu through the medium of writ petition bearing SWP No.1547/2017 seeking following relief: -

“CERTIORARI; so as to quash communication impugned bearing No.IND/DOH/131/2009 dated 04-12-2015 addressed by respondent No.3 to respondent No.2 whereby the claim of petitioner for granting monetary benefit of stepping up of pay so as to bring him at par with his junior Irshad Ahmed Kamal (Ex-AHTO) and make him entitled for revised pensionary benefits has been illegally and arbitrarily rejected.

MANDAMUS; (i) so as to command and direct the respondents 1 to 3 to grant monetary benefit of stepping up of pay instead of notional benefit w.e.f. 01-03-2006 as granted vide Govt. order

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