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2026 Supreme(Online)(CAT) 1239

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Lal Chand – Appellant
Versus
State of J&K through Commissioner/Secretary Education – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ashok Sharma
For the Respondents: Mr. Sudesh Magotra, Ld. AAG

Table of Content
1. applicant's eligibility for retrospective senior lecturer placement due to pre-retirement vacancies. (Para 1 , 2 , 3 , 6 , 7 , 8 , 9 , 10)
2. respondents' defense: non-functional placement only for serving employees. (Para 4 , 11 , 12)
3. impugned order inadequate for lacking reasoned consideration of claims. (Para 13 , 14 , 15 , 16 , 17)
4. mandate for speaking orders addressing specific grounds and hearing. (Para 18 , 19 , 20 , 21)
5. remand for fresh reasoned decision post-hearing; no merits prejudice. (Para 22 , 23)

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 su

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