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2025 Supreme(Online)(CAT) 5851
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Kanta Chowdhary, Veena Sharma – Appellant
Versus
State of Jammu and Kashmir – Respondent
Transfer Application No. 6647/2021
For the Appellants/Petitioners: Mr. Sudershan Sharma
For the Respondents: Mr. Sudesh Magotra, Mr. Hunar Gupta
Petitioners entitled to notional seniority from 1996 due to administrative delays, violating their constitutional rights.
Headnote:(A) Articles 14 and 16 of the Constitution of India - Denial of retrospective seniority and pension benefits - Petitioners, despite being qualified, were not selected as teachers; their appointments were delayed due to administrative inaction - Judicial mandate required recognition of their seniority from 1996, similar to other candidates - Respondents' rejection of their claim deemed arbitrary and discriminatory. (Paras 1, 10, 12, 13)
(B) Judicial Review - The court's power to review administrative decisions that violate fundamental rights and principles of natural justice was emphasized, with specific reference to the respondents' failure to comply with judicial directions and the mechanical nature of their decision-making process. (Paras 10, 13)
| Table of Content |
|---|
| 1. court reviews administrative actions violating judicial mandates. (Para 1 , 5 , 11) |
| 2. petitioners seek retrospective seniority based on administrative delays. (Para 2 , 3 , 4 , 6 , 7) |
| 3. respondents argue for dismissal based on lack of merit. (Para 8) |
| 4. court establishes entitlement to notional seniority. (Para 10 , 12 , 13) |
| 5. court's decision to quash the impugned communication and provide relief. (Para 14) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 6647/2021 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/1810/2012 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “to quash Communication No. Edu/Legal/J/04/2005 dated 3.7.2012 written by Under Secretary to Government, School Education Department to the Director School Education, Jammu by which the respondents have rejected the representation of the petitioners for grant seniority with retrospective effect and for grant of gratuity and pension notionally, by issuance of writ of certiorari;
b) to issue directions to the respondents to give effect of seniority to the petitioners in the seniority of teachers District Cadre Samba with effect from 13.3.1991, the date when the Hon'ble Division Bench held that non-selected candidates, who are respondents in all the appeals, most of whom are post-graduates and graduates shall be considered for appointment as teachers or with effect from 29.3.1996, the date when the writ petition of the petitioners was allowed by which the Hon'ble Court has directed the respondents to accord consideration to the petitioners for selection to the available posts of teachers in Samba District on the basis of eligibility envisaged in Notification No. 2 of 1987 and to adjudge their suitability for appointment to the posts, by issuance of writ of mandamus;
c) to issue directions to the respondents to give consequential benefit of seniority to the petitioners by giving the effect of seniority along the candidates who have challenged the selection and whose cases have been decided by the Hon'ble Division Bench and the other similarly situated persons, by issuance of writ of mandamus;
d) to declare Communication No. Edu/Legal/1/04/2005 dated3.7.2012 written by Under Secretary to Government, School Education Department to the Director School Education, Jammu by which the respondents have rejected the representation of the petitioners for grant+seniority with retrospective effect and for grant of gratuity and pension notionally and the act of respondents by which the respondents have not given effect of seniority to the petitioners in the seniority of teachers District Cadre Samba with effect from 13.3.1991, the date when the Hon'ble Division Bench held that non-selected candidates, who are respondents in all the appeals, most of whom are post-graduates and graduates shall be considered for appointment as teachers or with effect from 29.3.1996, the date when the writ petition of the petitioners was allowed by which the Hon'ble Court has directed the respondents to accord consideration to the petitioners for selection to the available posts of teachers in Samba District on the basis of eligibility envisaged in Notification No. 2 of 1987 and to adjudge their suitability for appointment to the posts, as ultra virus, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and Rules and against the provisions of principles of natural justice, by issuance of writ of mandamus;
e) to issue any other writ, order or directions which the Hon'ble Court may deem just and proper in the facts and circumstances of the case in favour of the petitioners and against the respondents with costs.”
3. The facts of the case as averred by the petitioners in their pleadings are as follows: -
a) The petitioners are permanent residents of the State of Jammu and Kashmir and applied pursuant to Notif
