CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8691/2020 Reserved on: - 07.08.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kush Kumar, age 56 years S/O Sh. Nath Ram, R/O Village Kohag, Tehsil Bilawar, District Kathua.

…Applicant (Advocate: - Mr. Sudershan Sharma)

Versus

1. State of J&K through Commissioner/Secretary to Govt., Sheep Husbandry Department, Civil Sectt., Srinagar/Jammu.

2. Commissioner/Secretary to Govt., General Administration Department, Civil Sectt., Jammu.

3. Director Sheep Husbandry Department, Jammu.

4. Joint Director (Extension), Sheep Husbandry department, Jammu.

5. District Sheep Husbandry Officer, Udhampur/Kathua.

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

A.A.G.)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.3087/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.8691/2020 by the Registry of this Tribunal.

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

a) For issuance of an appropriate writ, order or direction, in the nature of writ of certiorari whereby quashing Order No. DSHJ/ESSTT-NG/TBP/2016-17/6789-92 date 05-10-2016 issued by respondent No. 3 being patently illegal, arbitrary, unconstitutional and against the spirit of service Jurisprudence.

b) For issuance of an appropriate writ, order or direction, in the nature of writ of mandamus commanding upon the respondents to correct the entries in the service record of the petitioner with effect from the date the petitioner was appointed as shepherd and served for about eight months i.e. till the issuance of his order of demotion and also to pay/ release the periodical increments in terms of Order No. DSHJ/Estt/Gen/82/11/3032-

38 Dated 11.08.1982 in favour of the petitioner.

c) For issuance of an appropriate writ, order or direction, in the nature of writ of mandamus commanding upon the respondents to release all the monetary, notional and other consequential benefits in his favour from the dated he become entitled to third time bound promotion and also fix his date of increment during the month of February every year instead of august.

d) Any other writ, order or direction which this Hon'ble court may deem fit and proper under the circumstances of the case may also be issued in favour of the petitioner as against the respondents.

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

a) The applicant, Kush Kumar, is a permanent resident of the Union Territory of Jammu & Kashmir and a citizen of India. He entered government service in the Sheep Husbandry Department after duly participating in the selection process and was appointed as a Shepherd vide Order No. DSHJ/Estt/Gen/82/11/3032-38 dated 11.08.1982, in the prescribed pay scale of Rs. 390-500 along with admissible allowances.

b) Pursuant to his appointment, the applicant joined duties and was initially posted at Sheep Breeding Farm, Sarthal (Bhaderwah) against a vacant post. At the relevant time, Sarthal functioned as the summer headquarters, with the establishment shifting to Billawar, District Kathua, during the winter season. The applicant discharged his duties as Shepherd continuously and without any complaint.

c) After approximately six to eight months of service, when the establishment resumed operations at Billawar, an order dated 25.02.1983 bearing No. SHFB/1695-98 was issued, whereby the applicant was shown to have been reverted/demoted from the post of Shepherd to that of Orderly. The applicant asserts that this order was passed without his knowledge, consent, or any request from his side, and was issued by an authority who was not the appointing authority for the post of Shepherd.

d) The applicant contends that the said order was passed arbitrarily and clandestinely, with the ulterior