CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 7033/2020 Reserved on: - 07.10.2025 Pronounced on: - 17.10.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Dr Giresh Chander Gupta, S/o…Age 52 years, a/p I/c Dy. Director (Dentistry), Directorate of Health Services, Jammu ...petitioner (By Advocate: - Mr. Vikram Sharma along with Mr. Sachin Dev Singh)

VERSUS

1. State of J & K, through Commissioner Secretary, Healthh and Medical Education Department, Civil Sectt., Srinagar/Jammu.

2. Director Health Services, Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1885/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7033/2020 by the Registry of this Tribunal.

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

a) “(A) CERTIORARI- for quashing J&K Health and Family Welfare (gazette) Service Recruitment Rules, 2013, Schedule- II, (issued vide SRO 325 dated 12.07.2013), in so far as it arbitrarily provides 'no promotion avenue' for the petitioner and the like, recruited and appointed/holding the Class IV category "D" post of Dental Surgeons.

b) (B) MANDAMNUS- commanding the respondents to review/re-examine the said Rules and make alterations in Schedule II thereof at class II category "C" post (in column VI), to provide for 50% recruitment to the post of Dy. Director Dentistry by promotion from the class IV category “D” post of Dental Surgeons, to make for the promotional avenues for the petitioner and the like.

c) (C) MANDAMUS- commanding the respondents to provide for further promotion from class II category “C” post to class I post, alongside class II category "A" & "B" posts drawing same grades and pay.

d) (D) PROHIBITION:- for preventing the respondents from filling up the post of Dy. Director Dentistry, and other promotions until and so long the representation of the petitioner for reviewing the said recruitment rules is not considered and a decision is taken there-at by the respondents, for removing the anomaly and perpetual discrimination meted out to the petitioner.

e) Any other writ, order or direction as deemed fit in the facts and circumstances of the case.”

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

a) The petitioner is a citizen of India and a permanent resident of the erstwhile State of Jammu and Kashmir and is entitled to all fundamental, statutory, and legal rights guaranteed under the Constitution of India read with the Constitution of the erstwhile State of J&K.

b) The petitioner was inducted as a Dental Surgeon on a regular temporary basis in the year 1993 and has rendered an unblemished and dedicated service of more than 25 years. Throughout his tenure, the petitioner has been entrusted with significant administrative and public welfare responsibilities, including managing the Shri Amarnath Ji Yatra for seven consecutive years, overseeing 102 Ambulance Services for four years, and preparing audio-visual presentations during the Directorate’s monthly work-done review meetings.

c) He was also nominated as the Nodal Officer for several Centrally Sponsored Schemes, namely the National Oral Health Programme (NOHP), National Mental Health Programme (NMHP), National Programme for Prevention and Control of Fluorosis (NPPCF), and the National Urban Health Mission (NUHM). Additionally, the petitioner was a Member of the Verification Committee for Medical Equipment and Supplies and was assigned responsibilities in the Jan Aushadhi, Free Drug Policy, and Pradhan Mantri National Dialysis Programme (PMNDP).

d) Despite this distinguished service record, the petitioner has remained stagnated at the initial level post of Dental Surgeon. Having served with integrity and efficiency for over two decades, the petitioner fou