CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6360/2021 Reserved on: - 16.04.2025 Pronounced on: - 09.09.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Vijay Kumar Sharma, aged 32 years, S/o Sh. Sat Pal Sharma R/o Village Manda, opposite 170 MH Akhnoor, P.O. and Tehsil Akhnoor District, Jammu.

…Petitioner (By Advocate: - Mr. Abhinav Sharma, Sr. Adv)

VERSUS

1. State of J&K through Chief Secretary, J&K Government New Secretariat, Srinagar.

2. COMMISSIONER/Secretary Agriculture Production Department J&K Govt.

New Secretariat, Srinagar.

HARSHIT Digitally signed

3. Commissioner/Secretary General Administration Department J&K Govt. New Secretariat, Srinagar.

4. Director Agriculture, Jammu.

…Respondents (By Advocate: - Mr. Rajesh Thapa, AAG, Mr. Dewakar Sharma, DAG)

HARSHIT Digitally signed ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1373/2011 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/6360/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Mandamus, commanding and directing the official respondents to give effect to the appointment of the petitioner to the post of Junior Agriculture Assistant in Agriculture Production Department of J&K Government, w.e.f. the date, he was initially recommended in the year 2007, for appointment for the post of Field Assistant I further directing the respondents to pay/release all the consequential benefits in favour of the petitioner.

b) Mandamus, commanding and directing the official respondents to treat the post of Junior Agriculture Assistant, to which the petitioner was appointed vide order dated 21-01-2010, as the post which is pensionable and the petitioner be deemed to have been appointed to that post w.e.f. the year 2007.

c) Any other alternate relief, which this Hon'ble Court may deem fit, appropriate and proper in the facts and circumstances of the HARSHIT Digitally signed case, may kindly be granted, in favour of the petitioner and against the respondents.

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner is a permanent resident of J&K State and citizen of India, entitled to enforce his fundamental and statutory rights.

b) The petitioner completed his B.Sc. Agriculture degree from Dr. Bhimrao Ambedkar University, Agra in 2002, making him eligible for appointment as Junior Agriculture Assistant (JAA) under the J&K Agriculture (Subordinate) Services Recruitment Rules, 2004, which prescribe B.Sc. Agriculture as the qualification for this Class II, Category A, non-gazetted post (Annexure-A).

c) The petitioner is an outstanding sportsperson, having won the Gold Medal (1st place) in 82.5 Kg category at the National Bench Press Powerlifting Championship, Jamshedpur (01.08.2005–02.08.2005), awarded a “Certificate of Honour”

by the Powerlifting Federation of India (Annexure-B).

HARSHIT Digitally signed d) The petitioner has also won:

 Silver Medals (National Level): 2006 (Haryana), 2007 (Palampur, HP), 2011 (Jammu).

 Gold Medals (State Level, J&K): 2004, 2005, 2006, 2007, 2011.

e) The Government framed the J&K (Appointment of Outstanding Sports Persons) Rules, 1998 (SRO 349 dated 22.12.1998), under which outstanding sportspersons are eligible for appointment against direct recruitment vacancies in non- gazetted service on the recommendation of a high-level Committee (Annexure-C).

f) Rule 3(1) of SRO 349/1998 stipulates that:

 10+2 qualified candidates may be appointed to non-

gazetted service;

 Below 10+2 only to Class IV posts;

 Graduates or above to higher non-gazetted posts.

HARSHIT Digitally signed g) As a graduate and Gold Medalist, the petitioner was entitled to appointment as JAA, which is the higher non-gazetted post in Agriculture.

h) Despite this, in 2006–07 the petitioner’s case