CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1297/2020 Reserved on: - 09.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI Ghulam Abass, Aged 38 years Son of Gh. Hussain, R/o Harmutta Gursaj, Tehsil Haveli, District Poonch.

…Applicant (Advocate: - Mr. Waheed Choudhary)

Versus

1. State of Jammu and Kashmir Through Principal Secretary Home Department, Civil Secretariat, Jammu.

2. Director General of Police, Jammu and Kashmir state Police Headquarters, Jammu.

3. Inspector General of Police, Jammu Zone, Jammu.

4. Sr. Superintendent of Police National Highway, Ramban.

…Respondent (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, Ld. AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC/67/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1297/2020 by the Registry of this Tribunal.

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

a) In view of the submissions made herein above and those to be urged at the time of hearing, it is most respectfully prayed that the Hon'ble Court may very graciously be pleased to allow the present writ petition by granting the following reliefs in favour of the petitioner in the interest of justice:-

b) An appropriate writ, order or direction in the nature of writ of certiorari quashing order no. 502 of 2017 dated 13.12.2017 captioned as Corrigendum whereby the promotion to the post of Selection Grade Constable granted to the petitioner vide Zonal Police Headquarters Jammu's office order no. 347 of 2017 dated 16.09.2017 and which promotion stand fully acted upon, has been sought to be rescinded, being totally illegal, arbitrary, violative of principle of natural justice, contrary to the provisions of law and against the fundamental and constitutional rights guaranteed to the petitioner.

c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to allow the petitioner to perform his duties as Selection Grade Constable and grant him all consequential benefits and also to honour the rank of the petitioner as Selection Grade Constable and not to take any action with respect to reversion of the petitioner from the post of selection Grade Constable to Constable d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.”

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

a) The applicant, Ghulam Abass, is a Constable in the Jammu and Kashmir Police (Executive), having been appointed in the year 2000 pursuant to a regular selection process conducted by the competent authority. It is not in dispute that the applicant rendered service for a considerable period and was extended the benefit of in-situ promotion under the J&K Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996, in terms of SRO 14 of 1996 read with SRO 225 of 1997, vide Order No. 439 of 2015 dated 31.07.2015, whereby he was placed in the Higher Standard Pay Scale with effect from 01.04.2014.

b) Subsequently, during the year 2017, the Zonal Police Headquarters, Jammu, undertook an exercise for promotion of eligible Constables to the rank of Selection Grade Constable. In the said process, the applicant was also considered by the Departmental Promotion Committee and was promoted vide Order No. 347 of 2017 dated 16.09.2017, with effect from 02.08.2017. The applicant’s name figured at Serial No. 209 of the said promotion order. It is the specific case of the applicant that the said promotion order was fully acted upon, as he was assigned the rank insignia of Selection Grade Constable, issued the requisite uniform and badge, permitted to discharge duties attached to the promotional post, and paid salary in the higher pay scale without interruption.

c) It is fur