Administrative orders affecting service rights must be speaking, addressing claimant's specific grounds and affording hearing before rejection.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1.The SWP No.1109/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.483/2022 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 quashment of government order no. 173-Edu of 2017 dated 12-4-2017 issued by respondent no. 1, where under the respondent has turned down the claim of the petitioner for his placement as senior lecturer.

b) Writ of mandamus directing the respondents to place the petitioner as Sr. Lecturer with retrospective effect from the date such vacancy was made available upon the regularization of I/C Principals vide Government Order No. 592-Edu of 2009 dated 27-7-2009.

c) Writ of mandamus directing the respondents to allow the petitioner benefit of two advance increments w.e.f the date vacancy of Sr. Lecturer was made available vide G.O no. 592- Edu of 2009 dated 27-7- 2009 with consequential in service and retrial benefits.

d) any other relief by way of writ, order, direction or command which the Honble Court deems fit or proper as per the circumstances of the case.

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. 1109/2018, which was originally filed before the Hon’ble High Court of Jammu & Kashmir and, upon reorganisation, stood transferred to this Tribunal and registered as T.A. No. 483/2022.

b) The applicant, Shri Lal Chand, is a permanent resident of the erstwhile State of Jammu & Kashmir and a citizen of India. He retired on superannuation from the School Education Department as a Lecturer (Economics) on 30.06.2009, after rendering about 25 years of blemish-free service, including more than 16 years as a confirmed Lecturer.

c) The applicant was promoted as In-charge Lecturer (Economics) vide Government Order No. 979-Edu of 1995 dated 07.07.1995 and joined his place of posting on 03.08.1995. He was subsequently regularised as substantive Lecturer (Economics) with retrospective effect from 30.03.1993 vide Government Order No. 409-Edu of 2000 dated 10.05.2000. In terms of the J&K Education (Gazetted) Service Recruitment Rules, 1992, the applicant became eligible for placement as Senior Lecturer after completion of five years of regular service, i.e., in the year 1998.

d) Vide SRO 225 of 2005 dated 18.08.2005, the posts of Lecturer and Senior Lecturer were clubbed into a single running pay scale of Rs. 8000-13500. Existing Senior Lecturers were granted two advance increments at the time of fixation in the revised scale. The applicant’s pay was accordingly fixed in the revised scale.

e) Thereafter, vide Government Order No. 228-Edu of 2006 dated 13.04.2006, the Department placed 64 Lecturers as Senior Lecturers. Out of these, eight were given retrospective effect from 16.03.2005 with two advance increments, whereas the remaining 56 were granted placement prospectively from 13.04.2006 without advance increments. No further placement orders were issued during the remaining service tenure of the applicant.

f) The applicant consistently represented through the 10+2 Lecturers’ Forum for placement of eligible Lecturers as Senior Lecturers. The Department repeatedly assured that placement would be considered after regularisation of In-charge Principals, who were occupying posts of Senior Lecturers. Howev