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:: 1 :: TA 297/2025

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 297/2025

Reserved on: - 28.10.2025

Pronounced on: - 03.02.2026

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

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

Laik Singh s/o Sh. Duni Chand age 58 years r/o Billawar(Riya) tehsil

Billawar district Kathua.

…Applicant

(Advocate: - Mr. H.C. Jalmeria)

Versus

1. State of J&K through Commissioner Secretary Revenue

Department,

Civil Secretariat, Jammu.

2 The Financial Commissioner, State of J&K, Jammu.

3. The Divisional Commissioner Jammu

4 The District Commissioner, Kathua.

5. The Tehsildar, Tehsil Billawar, District Kathua.

…Respondent

(Advocate:- Mr. Hunar Gupta, DAG)

HARSHIT Digitaly signed by HARSHIT YADAV

DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,

PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat

Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,

SERIALNUMBER=

YADAV 3 h1 a7 rsa hb it7 ya a2 df a4 vc 9e 9e 96 @7e gf4 m0 ac if ld .c3 o1 md ,9 Cf7 N1e =7 H7 A4 Re Sd6 H4 ITe 8 Y3 Ae D88 A9 V590de390c87f3d3efda8, E=

Reason: I am the author of this document

Location:

Date: 2026.02.04 16:44:42+05'30'

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:: 2 :: TA 297/2025

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.502/2014 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.297/2025 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

CERTIORARI

Calling for record of the decision of the respondent nos 1 & 2

for not regularizing the service of the petitioner despite his right and

entitlement under rules and quashing the same being illegal,

unconstitutional and in violation of the principles of natural justice.

MANDAMUS

Commanding upon the respondents to regularize the petitioner

with effect from the date of his engagement with all consequential

benefits of pay, increments, leave, preparation of service book,

promotion and pension.

Any other relief, appropriate in the facts and circumstances,

this Hon’ble Court may deem just, may also be granted to the

petitioner.”

3. The facts of the case as pleaded by the petitioner in his pleadings are

as follows: -

HARSHIT Digitaly signed by HARSHIT YADAV

DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,

PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat

Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,

SERIALNUMBER=

YADAV 3 h1 a7 rsa hb it7 ya a2 df a4 vc 9e 9e 96 @7e gf4 m0 ac if ld .c3 o1 md ,9 Cf7 N1e =7 H7 A4 Re Sd6 H4 ITe 8 Y3 Ae D88 A9 V590de390c87f3d3efda8, E=

Reason: I am the author of this document

Location:

Date: 2026.02.04 16:44:42+05'30'

Foxit PDF Reader Version: 2025.2.0

:: 3 :: TA 297/2025

a) The present Transfer Application arises out of SWP No.

502/2014, which stood transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered before this

Tribunal as T.A. No. 297/2025. The applicant, Laik Singh, is an

ex-serviceman who served in the Indian Army from 16.04.1974

to 30.04.1989 and retired in the rank of Naik. Upon discharge

from the Army, the applicant possessed a valid driving licence

and the requisite experience acquired during military service.

b) Taking note of his status as an ex-serviceman and his technical

competence as a driver, the Tehsildar, Billawar, in consultation

with the Deputy Commissioner, Kathua, engaged the applicant

on daily wage basis as Driver vide Order dated 15.12.1993. The

engagement was thereafter continued through successive orders

issued from time to time, and the applicant remained attached to

the office of Tehsildar, Billawar, performing duties of a Driver

without any break. It is the specific case of the applicant that he

continued to discharge h