CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6605/2020 Reserved on: - 23.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Neeraj Sharma, age 31 years S/o Late Sh. Ram Paul, R/o H. No. 2, Near Govt. School, Toph Sherkhania, Jammu.

…Applicant (Advocate: - Mr. D.S. Chauhan)

Versus

1. State of Jammu and Kashmir Through Commissioner/Secretary to Govt. Public Works Department, Civil Sectt. Srinagar.

2. Principal Secretary to Govt. General Administrative Deptt. J&K Govt., Civil Secretariat, Srinagar.

3. Chief Engineer, Public Works Department, (R&B), Jammu.

4. Executive Engineer PWD (R&B) construction Division No. 1, Panama Chowk, Jammu.

…Respondent (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Sudesh Magotra, Ld.

AAG, Mr. Hunar Gupta, DAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2205/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6605/2020 by the Registry of this Tribunal.

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

a) Direct the official respondents to appoint the petitioner as Junior Engineer in the PWD Department on the same anology as has been adopted while considering the cases of similarly situated persons.

b) Direct the Official respondents to consider the case of the petitioner for his appointment as Junior Engineer in PWD Department.

c) Any other order, which this Hon'ble Court may d) deems fit and appropriate in the facts and circumstances of the case may also very kindly be passed in favour of the petitioners.

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

a) The present Transfer Application arises out of SWP No.

2205/2018, originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu, which upon transfer stood registered as T.A. No. 6605/2020 before this Tribunal. The applicant seeks directions to the respondents to appoint him as Junior Engineer in the Public Works Department (R&B), claiming parity with other similarly situated persons who were allegedly granted such appointment on compassionate grounds.

b) The applicant asserts that he is a permanent resident of the erstwhile State of Jammu & Kashmir and a citizen of India, entitled to the protection of fundamental, statutory, and service rights guaranteed under the Constitution of India and the laws applicable to the State. It is pleaded that the applicant’s father, late Sh. Ram Paul, was initially engaged as a work-charged employee in the Public Works Department (R&B) on 01.10.1986. According to the applicant, his father continuously discharged his duties until his death on 02.11.1997; however, his services were not regularised during his lifetime, nor was he granted the benefit of SRO-64 despite having completed more than seven years of continuous service by 31.03.1994.

c) Upon the demise of late Sh. Ram Paul while in service, his family was left behind consisting of his widow, two minor sons (including the applicant), and a daughter. The applicant contends that since all children were minors at the time of death, his mother, Smt. Sudesh Kumari, approached the departmental authorities seeking compassionate appointment under SRO-43. It is alleged that her request was summarily declined on the ground that the deceased employee was not a regular employee and, consequently, the family was also denied pensionary benefits.

d) Subsequently, after pursuing the matter, the department issued Order No. CEJ/Adm/204 of 2001 dated 07.12.2001, whereby the services of late Sh. Ram Paul were retrospectively regularised as Work Supervisor with effect from 01.04.1994 against a vacant post. Upon such regularisation, pensionary benefits were released to the widow. The applicant’s mother thereafter submitted an application dated 28.12.2001 seeking compassionate appointment of her son, i