Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Transferred Application No. 61/6397/2021 This the 25^th day of April, 2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

1. Dr. Kamal Kishore Age 39 years S/o Late Sh, Chuni Lal R/o Village Nandani Bagh, P/O Gole Gujral Camp, Talab Tillo, Tehsil and District Jammu.

2. Dr. Virender Kumar Age 40 years S/o Sh. Manohar Lal R/o Bye-pass Road, Ambaran, P/O Akhnoor, Tehsil Akhnoor, District Jammu.

3. Dr. Javed Iqbal Age 40 years S/o Sh. Alam Din R/o H. No. 78, Stadium Lane, Bye-pass, Channi Himmat, Tehsil and District Jammu.

4. Dr. M.R. Attri Age 39 years S/o Sh. Durga Dass R/o 89/6, Channi Himmat, Tehsil & Distt. Jammu.

5. Dr. Chander Shaker, Age 36 years S/o Sh. Tara Mani Sharma R/o H. No. F-179/8, Shakti Nagar, Tehsil & District Jammu.

6. Dr. Nazir Hussain Age 50 years S/o Gulab Din R/o Village Gursai, P.O. Mendhar, Tehsil Mendhar, District Poonch.

7. Dr. Badri Nath Age 43 years S/o Sh. Shiv Ram R/o Village Dhanu, P.O. Dhanwatt Tehsil Ramnagar, District Udhampur.

8. Dr. Sanjay Kalsotra S/o Sh. Simer Dass R/o H. No. 360, Shastri Nagar, Jammu.

...Applicant (Through Advocate: Mr. Abhinav Sharma, Sr. Advocate VERSUS

1. State of J&K Through Principal Secretary to Govt.

Health and Medical Education Department, J&K Govt., Civil Secretariat, Jammu.

...Respondents (Through Advocate: Mr. Sudesh Magotra, learned A.A.G.

O R D E R

The instant petition was initially filed before the Hon’ble High Court of Jammu and Kashmir, and later on it was transferred to this Tribunal, and the petitioners had sought the following reliefs: -

“i. Certiorari seeking to quash Govt. Order No. 123-HME of

2006 dated 03.03.2006;

ii. Mandamus commanding and directing the respondent to maintain common / joint seniority list of Members of J&K Medical Education (Gazetted) Service in respect of the Members of the aforesaid service serving in both the Govt. Medical Colleges of the State i.e. Govt. Medical College, Jammu and Govt. Medical College, Srinagar, as required under J&K Civil Service (Classification, Control and Appeal), Rules, 1956; and Sub-Rule 2 of Rule 10 of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979.”

2. Factual Background: -

i. The petitioners are qualified doctors holding MBBS degrees along with postgraduate qualifications in their respective disciplines. All of them were selected by the Jammu & Kashmir Public Service Commission (JKPSC) through a common competitive process and were appointed as Lecturers in the Jammu and Kashmir Medical Education (Gazetted) Service.

ii. Upon selection, they were posted at Government Medical College, Srinagar. Despite serving in different geographical locations, they belong to the same cadre and service known as the J&K Medical Education (Gazetted) Service, governed by the J&K Medical Education (Gazetted) Service Recruitment Rules, 1979 (hereinafter "1979 Rules").

iii. The grievance of the petitioners arises from the issuance of Government Order No. 123-HME of 2006 dated 03.03.2006, which directed that separate seniority lists shall be maintained for faculty members posted in GMC Srinagar and GMC Jammu. The said order also invited faculty members to exercise a "free option" to choose either of the institutions for the purpose of seniority fixation.

3. Legal Framework: -

J&K Medical Education (Gazetted) Service Recruitment Rules, 1979 These Rules are statutory in nature and provide for the constitution, structure, and regulation of service conditions of the J&K Medical Education (Gazetted) Service. Relevant provisions include:

i. Rule 2(e): Defines “Service” as the Jammu and Kashmir Medical Education (Gazetted) Service – a singular, unified cadre.

ii. Rule 3: The service comprises three wings: Teaching, Administrative, and General, and applies across the State to institutions including both GMC Jammu and GMC Srinagar.

iii. Rule 10(1): Seniority shall be governed by the J&K Civil Services (Cl