CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2351/2020 Reserved on: - 14.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Ghulam Nabi, Age 56 years, S/o Sh. Ghulam Yousaf, R/o Village Mangnar, Tehsil Haveli, Distt. Poonch presently posted at Head Assistant Reasi..

…Petitioner (Advocate: - Mr. K S Puri)

Versus

1. Commissioner Secretary Revenue Department Govt. of J&K Civil Secretariat, Shalimar Road Jammu.

2. Divisional Commissioner Jammu.

3. Deputy Commissioner Poonch.

…Respondent (Advocate:- Mr. Sudesh Magotra, Ld. AAG, Mr. Hunar Gupta, DAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.661/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1583/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

“It is, therefore, humbly prayed that the Hon'ble Court may be pleased enough to issue an appropriate writ, order or command directing the respondents to give effect of promotion to the petitioner w.e.f. 09-03-2013 on which the colleague of the petitioner having similar seniority which has been promoted to the post of Head Assistant on notional basis for seniority purposes with direction to respondents to modify the promotion order of the petitioner dated 24-02-2015 giving him the effect from 09-03-2013.

Any other writ, command which the Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be issued in favour of the petitioner and against the respondents.”

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

a) The applicant, Ghulam Nabi, is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India, who was serving in the Revenue Department and lastly posted as Head Assistant at Reasi before his retirement. He was initially selected as a Junior Assistant through the Services Selection Board and appointed by the Deputy Commissioner, Poonch vide order dated 17.09.1980. After rendering long years of unblemished service, the applicant was promoted to the post of Senior Assistant on 09.06.2008.

b) A final Divisional Level seniority list of Senior Assistants as on

30.09.2011 was issued by the Divisional Commissioner, Jammu, wherein the applicant figured at Serial No. 9. In the same seniority list, one Manmohan Singh, belonging to the Open Category, whose date of promotion as Senior Assistant was also 09.06.2008, was placed at Serial No. 8. The applicant belongs to the Scheduled Tribe category, a fact duly reflected in the seniority list itself.

c) Subsequently, vide order dated 16.03.2013, Manmohan Singh was promoted to the post of Head Assistant and granted notional effect from 09.03.2013. The applicant, though similarly situated and senior in terms of roster entitlement being a Scheduled Tribe candidate, was not granted promotion on the said date. It is the specific case of the applicant that he had submitted his complete bio-data and was considered along with Manmohan Singh before the same Divisional Level Departmental Promotion Committee. There was no vigilance case, disciplinary proceeding, or adverse material pending or contemplated against him, as is evident from the work and conduct certificate issued by the competent authority and the APRs forwarded from time to time.

d) The applicant was ultimately promoted to the post of Head Assistant vide order dated 24.02.2015; however, the promotion was given effect only from 20.07.2014, without assigning any cogent reason. According to the applicant, such deferment of the effective date of promotion is arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India, especially when a similarly placed junior officer belonging to the Open Category was granted notional promotion from

09.03.20