Suraj Parkash Bhagat, Hissam Din Shah, Chander Udhey Singh, Wali Mohd. Malik, Vidya Dhar Sharma, Mohd. Maqbool Lone, Abdul Gani Bhat, Mirza Ghulam Mohd Beigh, Manzoor Ahmed Khan, Rattan Lal Zutshi, Hira Lal Dalal, Mohammad. Farooq, Kuldeep Singh Sambyal, Sadhu Ram Bhagat, Zahoor Ahmad Buch, Chaman Lal Bindroo, Ashwani Kumar Parimoo, Mohd. Ashraf Jan, Fida Hussain, Abdul Latif Shinali, Mohidner Singh Jamwal, Ghulam Mohi-ud-Din Sheikh, Ghulam Qadir Chroo, Bashir Ahmad Hakim, Tulsi Dass Barmani, Mohd. Shafi Gilkar, Mohd. Ashraf Parimoo vs State of Jammu and Kashmir, Commissioner-cum-Secretary to Govt. PHE & I&FC Department

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2025 Supreme(Online)(CAT) 13389

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Suraj Parkash Bhagat, Hissam Din Shah, Chander Udhey Singh, Wali Mohd. Malik, Vidya Dhar Sharma, Mohd. Maqbool Lone, Abdul Gani Bhat, Mirza Ghulam Mohd Beigh, Manzoor Ahmed Khan, Rattan Lal Zutshi, Hira Lal Dalal, Mohammad. Farooq, Kuldeep Singh Sambyal, Sadhu Ram Bhagat, Zahoor Ahmad Buch, Chaman Lal Bindroo, Ashwani Kumar Parimoo, Mohd. Ashraf Jan, Fida Hussain, Abdul Latif Shinali, Mohidner Singh Jamwal, Ghulam Mohi-ud-Din Sheikh, Ghulam Qadir Chroo, Bashir Ahmad Hakim, Tulsi Dass Barmani, Mohd. Shafi Gilkar, Mohd. Ashraf Parimoo – Appellant
Versus
State of Jammu and Kashmir, Commissioner-cum-Secretary to Govt. PHE & I&FC Department – Respondent

Advocates:
For the applicants: Mr. Rahul Pant, Sr. Adv.
For the respondents: Mr. Dewakar Sharma, ld. DAG

Table of Content
1. the applicants are retired employees seeking promotion and regularization. (Para 1 , 2 , 3)
2. arguments revolve around the justification for not regularizing applicants post-retirement. (Para 4 , 5 , 6)
3. established rights of in-charge officers to regularization. (Para 7 , 8)
4. legal precedents support claims for benefits based on in-charge service. (Para 9 , 10)
5. the final order mandates regularization and benefits to applicants. (Para 11)

ORDER

Per Hon’ble Mr. Rajinder Singh Dogra, J.M.

The applicants who are the retired employees of J&K Government Engineering Gazetted Service (Hydraulic Wing) approached the Hon’ble High Court in SWP No. 539 of 2010 being aggrieved of the inaction on the part of the respondents. After the promulgation of the J&K Reorganization Act, 2019 and the formation of UT of J&K, the case was made over to this Tribunal where it was re-numbered as TA 8492 of 2020. The relief prayed by the applicants are as under :

i) Writ, order or direction in the nature of Writ of Mandamus directing the respondents to promote the Petitioners No:1, 4, 5, 10, 11 and 15 as Executive Engineers with effect from the date they were made I/c Executive Engineers wi

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