-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 547/2025 Reserved on:- 12.08.2025 Pronounced on: - 05.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

1. Prem Singh Age 62 years S/O Sh. Manti Ram R/O Dalhori Tehsil & District Rajouri-185132.

2. Bansi Lal Age 61 years S/O Sh. Badri Nath R/O Udhan Tehsil Budhal District Rajouri-185233.

3. Dara Singh Age 56 years S/O Sh. Daya Ram R/O Dhalhori Tehsil & District Rajouri-185132

4. Sukhdev Singh Age 62 years S/O Sh. Radhu Ram R/O Badhal Tehsil & District Kotranka District Rajouri- 185233.

5. Abdul Rashid Age 60 years S/O Said Mohd. R/O Ujhan Tehsil Darhal District Rajouri-185233.

6. Mohd. Amin Age 68 Years S/O Abdul Aziz R/O Rajdhani Tehsil Thanamandi District Rajouri-185212.

...Applicants (By Advocate: - Mr. M.K. Raina)

VERSUS

1. Union Territory of Jammu & Kashmir through Commissioner- Cum-Secretary to Government, Ministry of Jal Shakti, Jal Shakti (PHE) Department, Civil Secretariat, Jammu-180001.

2. Chief Engineer, Public Health Engineering Department, Jammu

180001.

3. Executive Engineer, Public Health Engineering, Jal Shakti Department (PHE) Civil Division Rajouri-185131.

4. Accountant General, UT of J&K Jammu-180016.

…Respondents.

(By Advocate: - Mr. Rajesh Thapa, ld. AAG, Mr. Sumant Sudan, ld.

counsel for AG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) It is respectfully submitted that the Hon'ble Tribunal may, in the face of the averments made herein above and those to be urged at the time of hearing before the Hon'ble Tribunal quash;

b) Order No.4587-88 dated 03.12.2024 passed by respondents in CP No.218/2024 in OA No.1450/2023 titled Prem Singh & Others V/s UT of J&K and others by virtue of which the case/

claim of the applicants has been rejected;

c) The respondents may kindly be directed not to effect any recoveries from the applicants in the light of law laid down by the Hon'ble Supreme Court of India in Rafiq Masih's case and judgment passed by the Hon'ble Tribunal dated 04.04.2024 in OA No.61/1111/2021 wherein the recoveries from the Class-IV (Group C) employees has been held to be illegal. The recoveries if any made from the applicants may be directed to be refunded back to the applicants;

d) That Hon'ble Tribunal may further direct the respondents not to re-fix the salaries of the applicants in the absence of affording the applicants with an opportunity of being heard and further direct the respondents to pass a speaking order in case they intend to re-fix the salaries of the applicants.

e) The Hon'ble Court may, in the facts and circumstances of the case, be pleased to grant any other alternate/additional relief in favour of the applicants in order to meet the ends of justice.

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The applicants are Class-IV employees of the Jal Shakti (PHE)

Department, posted in different divisions of District Rajouri. They claim to have rendered long, unblemished service to the satisfaction of their superiors. On account of their educational qualifications, they were extended the benefit of SRO-59 of

1990 and placed in the higher pay scale of ₹950-1500 on a notional basis, with effect from different dates, pursuant to judicial directions issued by the Hon’ble High Court of Jammu & Kashmir in earlier writ petitions.

b) The said benefit was granted after scrutiny of their service records by the department itself, and without any allegation of misrepresentation or fraud on the part of the applicants. The benefit so granted was duly reflected in their service books and continued uninterrupted for several years.

c) While matters stood thus, the respondents issued a general circular dated 30.06.2020, directing scrutiny of service books of employees and initiation of recoveries wherever ex