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2025 Supreme(Online)(CAT) 12282

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Dr. Maj. N.K. Sharma – Appellant
Versus
State of Jammu & Kashmir through Commissioner/Secretary to Govt. – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Anshuja Tak
For the Respondents: Mr. Hunar Gupta, DAG, Mr. Akshay Sadotra

Table of Content
1. nature of the application and jurisdiction of the tribunal. (Para 1 , 2)
2. background and facts of the case. (Para 3 , 4 , 5)
3. procedural history and prior communications. (Para 6 , 7 , 8 , 9)
4. legal contention regarding the recognition of military service. (Para 10 , 11)
5. court's observations and reasoning. (Para 12 , 13 , 14)
6. conclusion and directive regarding service recognition. (Para 15 , 16 , 17)
7. clarifications related to the order. (Para 18 , 19)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1097/2013 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7059/2021 by the Registry of this Tribunal.

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

a) “Petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir for issuance of appropriate writ, direction or order quashing Govt. Order No. 101/ASH of 2012 dated 12.07.2012 whereby the claim of the petitioners for treating the period spent by them in the Army and be counted for the service benefits as having been done in the case of similar

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