Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 1228

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Gopal Dass – Appellant
Versus
State of Jammu and Kashmir through Principal Secretary to Government, Planning and Development Department – Respondent
Transfer Application No. 5970/2020|SWP No.1631/2018

Advocates:
For the Appellants/Petitioners: Mr. Roop Lal
For the Respondents: Mr. Rajesh Thappa, AAG, Mr. Sudesh Magotra, AAG, Mr. Hunar Gupta, Id. DAG

Cannot shift reserved categories for promotion after initial entry benefit; restricted to one category per S.19 J&K Reservation Act.

Headnote:The judgment addresses Section 19 of the Jammu & Kashmir Reservation Act, 2004, which permits candidates belonging to multiple reserved categories to claim benefits in only one category for appointment or promotion. The applicant, appointed as Statistical Assistant in 1996 under RBA category despite Scheduled Caste status, sought reclassification to Scheduled Caste for promotion to Assistant Director (P&S), claiming seniority over juniors placed above in the seniority list. The Tribunal determined that prior judicial directions for Scheduled Caste promotion benefits did not override statutory restrictions on category shifting. Key issues framed: whether an employee entering service under one reserved category (RBA) can shift to another (Scheduled Caste) for promotion and seniority; whether seniority lists and promotion panels can be recast accordingly; and entitlement to quashing junior placements. Ratio decidendi emphasizes that reservation is not a 'floating option' for successive shifts; Section 19 bars multiple category benefits, supported by precedents disapproving post-entry shifts. Transfer Application dismissed; no interference with seniority list or promotion process; interim directions vacated.

Table of Content
1. transfer of writ petition challenging seniority and promotion. (Para 1 , 2 , 3 , 6 , 7)
2. respondents oppose category shift citing statute and precedents. (Para 4 , 8)
3. s.19 bars shifting reserved categories post-entry for promotion. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. seniority determined by entry category, not initial appointment date. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
5. application dismissed; no recasting of lists or promotions. (Para 25 , 26 , 27 , 28 , 29)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1631/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5970/2020 by the Registry of this Tribunal.

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

a) Writ of certiorari for quashing the placement of respondents No. 4, 5 and 6 at Sr. No's. 146, 164 and 165 respectively in the seniority list of Statistical Officers.

b) Writ of certiorari seeking quashment of the name of the respondent No. 4 from Sr. No. 22 for the post of Assistant Director (P&S) of J&K Economics and Statistics (Gazetted) Service.

c) Writ of mandamus commanding upon the respondents to place the petitioner at Sr. No. 146 of tentative seniority list being senior to the private respondents and corrections in seniority list accordingly.

d) Writ of mandamus commanding upon the respondents to place the petitioner at Sr. No. 22 of the order dated 17-05-2018 for the post of Assistant Director (P&S) of J&K Economics and Statistics (Gazetted) Service.

e) Writ of mandamus commanding upon the respondents to consider the petitioner for his promotion to the post of Assistant Director (P&S) of J&K Economics and Statistics (Gazetted) Service being a member of Scheduled Caste category on the basis of the judgments of this Hon'ble Court which was confirmed by the Hon'ble Division bench and the Apex Court by dismissing the LPA and SLP.

f. Any other order which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be passed in favour of the petitioner against the respondents.

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. 1631/2018, which was originally filed before the Hon’ble High Court of Jammu & Kashmir and subsequently transferred to this Tribunal. The applicant, Dass, belongs to the Scheduled Caste category and is a permanent resident of the erstwhile State of Jammu & Kashmir. He entered government service as a Statistical Assistant on 14.12.1996 against a post reserved for RBA category, as his village was notified as a backward area. Subsequently, he was promoted as Statistical Officer on 27.04.2007.

b) It is the consistent case of the applicant that though he initially availed the benefit of RBA category at the time of entry into service, he is otherwise a Scheduled Caste candidate and was entitled, under the applicable rules, to seek the benefit of reservation in promotion under the Scheduled Caste category. In this context, the applicant, along with one Baldev Raj (who also belonged to Scheduled Caste category but had entered service under a different reserved category), approached the competent authorities seeking consideration of their cases for promotion under the Scheduled Caste category instead of their original entry categories.

c) When the competent authorities declined their request, both employees approached the Hon’ble High Court by filing SWP No. 2627/2002. The Hon’ble Single Bench, by judgment dated 22.12.2003, allowed the writ petition and issued a categorical direction that the petitioners therein be granted the benefit of reservation in promotion as members of the Scheduled Caste category, if otherwise eligible, in terms of Rule 17 of SRO-126 of 1994. The said judgment attained finality as the LPA filed by the State was dismissed by the Division Bench on 08.07.2004, and the Special Lea

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