CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2409/2020 Reserved on: - 15.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Chaman Lal, Age 61 years, S/o Late Sh. Babu Ram R/o H.no 128 Kali Janni Tehsil & District Jammu.

…Applicant (Advocate: - Mr. Abhishek Kotwal)

Versus

1. State through Commissioner Secretary Public Health and Engineering department J&K Govt. Jammu.

2. Chief Engineer, Public Health and Engineering, Jammu.

3. Executive Engineer Public Health and Engineering, City Division Jammu.

4. Accountant General, J&K Govt., Jammu.

…Respondent (Advocate: - Mr. Sudesh Magotra, ld. AAG, Mr. Rajesh Thapa, ld.

AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.329/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2409/2020 by the Registry of this Tribunal.

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

a) It is, therefore, most humbly prayed that an appropriate writ, order or direction in the nature of mandamus commanding the respondents to refix the pay of the petitioner and pension as per the pay fixation be issued and respondents be further directed to release the arrears in favour of the petitioner.

b) Any other writ, order or direction which the Hon'ble court deems fit in the circumstances of the case may also be issued in favour of the petitioner.

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

a) The applicant, Chaman Lal, is a permanent resident of Jammu and Kashmir and a citizen of India, who claims entitlement to all service and pensionary benefits in accordance with the statutory rules governing his service. He was initially engaged as a daily rated worker in the Public Health Engineering Department in June 1977 and continued to render uninterrupted service in that capacity till the end of July 1984. Upon completion of the said period, he was brought on the regular establishment of the department with effect from 01.08.1984 in the lowest pay scale of Rs.170–230, which stood revised to Rs.345–460 under SRO 91 dated 22.03.1982, and he was granted the minimum of the said scale.

b) At the time of his regularization, the applicant was a matriculate and was designated as a Fitter Attendant. In view of his qualification and availability of posts, he represented to the departmental authorities seeking adjustment against the post of Assistant Inspector. Accepting his claim, respondent no.3 issued Office Order No. 4076 dated 29.12.1986, re-designating him as Assistant Inspector in the same pay scale of Rs.345–460. Subsequently, the said scale underwent revision to Rs.630–940 under SRO 370 dated 17.07.1987 and further to Rs.750–940 under SRO 75 dated 30.03.1992 with effect from 01.04.1987.

c) According to the applicant, his pay in the revised scale ought to have been fixed at Rs.740 as on 01.04.1987 with the next increment due on 01.08.1987. However, before proper fixation could be extended, he was promoted as Electrician with effect from 01.07.1988 in the higher pay scale of Rs.775–1025, and his pay was fixed at the initial stage of Rs.775. Thereafter, in March 1989, he was again re-designated as Assistant Inspector and was subsequently placed in the upgraded scale of Rs.950– 1500 with effect from 18.09.1989. One Keshub Dev Singh was also re-designated as Assistant Inspector around the same time and was stated to be similarly situated.

d) It is the specific case of the applicant that both he and Keshub Dev Singh continued to work on the same post for more than nine years. With the issuance of SRO 14 dated 15.01.1996, known as the Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996, which came into force with effect from 01.01.1995, both became eligible for in- situ promotions. While the applicant was granted his fir