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:: 1 :: O.A. No. 760/2020

-CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing

Original Application No. 760/2020

Reserved on:- 17.12.2025

Pronounced on: - 05.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Pawan Kumar Goswami; aged 52 years S/o Sh. Grish Chander R/o

Rose-403, Ansal Grace Apartments, Sainik Colony, Jammu-180011

Functional Manager, Directorate of Industries & Commerec, Jammu.

2. Shahzada Noor-ul-Ain; aged 53 years S/o Late Sh. Bashir Ahmad

Taj, R/o Near J&K Bank, Bhathindi, Jammu-181152 Functional

Manager, Directorate of Industries & Commerce, Jammu.

3. Abhishek Chandra Vaidya; aged 47 years S/o Late Sh.

MR. Sharma- R/o 44-A. Haji Pura, Last Morh, Gandhi Nagar,

Jammu-180004 Functional Manager, District Industries Centre, Leh

…..Applicants

(By Advocate: Mr. Rahil Raja)

VERSUS

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 2 :: O.A. No. 760/2020

1. The Union Territory of Jammu and Kashmir through Principal

Secretary to Government, Industries and Commerce Department,

J&K Government, Civil Secretariat, Jammu.

2. Commissioner-cum-Secretary to Government General

Administration Department, J&K Government, Civil Secretariat,

Jammu.

3. Dharam Pal S/o Sh. Som Nath R/o Ward No. 4, Village Rajpura,

Hiranagar, Kathua.

4. Sunil Kumar S/o Sh. Chuni Lal R/o VPO Basholi, Ward No. 3,

District Kathua.

5. Vijay Kumar S/o Sh. Dina Nath R/o Mohalla Rayan, Raipur

Satwari, Jammu.

…Respondents

(By Advocate: Mr. Rajesh Thapa, ld. A.A.G.)

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 3 :: O.A. No. 760/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following

reliefs: -

a) Allowing the instant application of the applicants alongwith

costs;

b) Quashing the final seniority list of Functional Managers of the

respondent No. 1-department as on 28.02.2018, issued by the

respondent No. 1 vide ‘Government Order No. 174- IND of

2018 dated 29.06.2018, to the extent of inclusion of the names

of respondents Nos. 3 and 4 at serial Nos. 9A a and 9B

respectively;

c) Quashing the fresh final seniority list of Functional Managers

as on 01.01.2020, issued by the respondent No. 1 vide

Government Order No, 137-IND of 2020 dated 25.08.2020,

whereby in addition to retaining the names of respondents Nos,

3 and 4 at serial Nos. 4 and $S therein, the Ba names of

respondent No, 5 has also been added at serial No. 6 therein;

d) Quashing the decision taken by the respondent No. 1 vide the

aforesaid Government Order No. 137-IND of 2020 dated

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 4 :: O.A. No. 760/2020

25.08.2020, whereby the representations and objections filed by

the applicants have been rejected and respondents Nos. 3 to 5

have been held as being borne on the cadre of the J&K

Industries and Commerce (Gazetted) Service;

e) Directing the respondent No. 1 to delete the names of

respondents Nos.3 to 5 from the seniority list of promotee a

Functional Managers and to restore the position existing at the

time of issuance of the final seniority list dated 12.04.2018.

f) Restraining the respondent No. 1 from acting upon the

impugned final seniority list issued vide Government Order No.

174-IND of 2018 dated 29.06.2018 and/or the impugned

tentative seniority list issued vide Government. Order No, 39-

IND 0£2020 dated 25,02,2020.

g) Any other relief which this Hon'ble Tribunal may deem fit and

proper in the facts and circumstances of the case may also be

granted in favour of the applicant and against the

respondents.”

2. The facts of the case as averred by the applicant in his pleadings, are

as follows: -

a) The applicants were initially appointed in the Industries and

Commerce Department as Assistant Extension Officers in the

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 5 :: O.A. No. 760/2020

year 1998 and, over a service span of more than two decades,

earned

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