CENTRAL ADMINISTRATIVE TRIBUNA JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 5760/2021 Reserved on: - 24.04.2025 Pronounced on: - 23.09.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kushla Devi age 58 years W/o Sh. R.R. Sharma R/o Village Thara Kulwal Tehsil Bilawar P.o. Ucha Pind, District Kathua.

(By Advocate: -Mr. Anuj Dewan Raina)

VERSUS

1. State of Jammu & Kashmir Through Chief Secretary J&K Government, Civil Secretariat, Srinagar/Jammu

2. Principal Secretary to Government Education Department J&K Government Civil Secretariat, Srinagar/Jammu

3. Director School Education Department, Jammu

4. Chief Education Officer Kathua.

…Respondents (By Advocate: - Mr. Sudesh Magotra, AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2466/200 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/5760/2021 by the Registry of this Tribunal.

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

a) “Allow this writ petition of the petitioner b) Issue writ the nature of Mandamus commanding the responderes to consider the case of the petitioner for promotion to the post of Zonal Education Officer in School Education Department on the analogy of the incumbents mentioned in the Government Order No. 48-Edu of 2009 dated 19-01-2009, issued by respondent no. 2 by virtue of which the superior right of the petitioner for consideration to the post of Zonal Education Department has been ignored at the cost of her juniors.

c) Further issue a writ of Mandamus commanding the respondents to consider the case of the petitioner for regularization of services of the petitioner as Head Master w.ef 05-02-04 and consequently to the post of Zonal Education officer in School Education Department and further command the respondents to reflect the above said benefit both notionally and monetary in the post retrial benefits of the petitioner and further grant the said benefit in favour of the petitioner with consequent and retrospective effect in the pension of the petitioner.

d) Pass such other appropriate order as facts of the case demand and Hon'ble Court may deem just and proper in favour of the petitioner and against the respondents.”

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

a) The petitioner, Kushla Devi, aged 58 years, wife of Sh. R.R.

Sharma, resident of Village Thara Kulwali, Tehsil Billawar, District Kathua, retired from the School Education Department, Government of Jammu and Kashmir, in September 2009, after serving since her initial appointment as a B.E.C. trained teacher on 26.02.1971. She claims to have rendered an unblemished and dedicated service career. She was promoted to the Master Grade w.e.f. 1987, formally regularized in 1988, and thereafter vide order dated 05.02.2004 was promoted as Headmaster in the School Education Department, where she was placed at Serial No. 11 in the appended seniority list of Headmasters. According to her, after such promotion she became eligible for further promotion to the post of Zonal Education Officer (ZEO). She relies on communication No. CEOK/10207 dated

07.02.2009 showing that the respondents themselves contemplated her regularization as Headmistress in the year 2009, but the said communication never reached its logical conclusion and her case remained pending. In 2009, the Government issued Order No. 48-Edu of 2009 dated 19.01.2009 promoting 23 Incharge Headmasters/ZEOs, some of whom had less than five years of service, and later issued Order No. 468-Edu of 2009 dated 09.06.2009 by which 68 Headmasters, many juniors to the petitioner, were promoted and placed as Zonal Education Officers.

b) The petitioner contends that despite being senior and eligible her claim for promotion was completely ignored while her juniors were conferred the benefit of promotion. She immediately represented be