LLOWCENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 668/2020 Reserved on: - 22.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Devi Dutta Aged 54 years S/o Sh. Paras Ram R/o Village Badrore A/P Seri Rakwalan Tehsil and District, Jammu.

…Applicants (Advocate: - Mr. Razat Sudan)

Versus

1. State of Jammu & Kashmir, Through Commissioner/Secretary Revenue Department, Civil Sectt. Srinagar.

2. Director Geology and Mining Department, Srinagar.

3. Assistant Mining Engineer Geology and Mining Department DDO-III Jammu.

…Respondent (Advocate:- Mr. Rajesh Thappa, AAG Mr. Hunar Gupta, DAG)

HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V 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=

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2119/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.668/2020 by the Registry of this Tribunal.

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

a) commanding the respondents to release the salary of the petitioner and also command the respondent to mark the attendance of the petitioner regularly in the attendance register/Biometric attendance machine, serving as store class-

E in favour of the petitioner against the respondents.

b) For issuance of any other interim or final relief as this Hon'ble Court may deem fit and appropriate in the peculiar facts and 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.

2119/2019, which was initially filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon constitution of this Tribunal, stood transferred and registered as T.A. No.

668/2020 HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V 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=

b) The applicant, Sh. Devi Dutta, is a permanent resident of Village Badrore, Tehsil and District Jammu, and has been serving in the Geology and Mining Department. He was initially engaged as a Daily Wager on 21.03.1982 and, after rendering long and uninterrupted service, was regularized vide Order No. Adm/DGM/Reg/94/593 dated 16.02.1995 with retrospective effect from 01.04.1994. Subsequently, he was re- designated as Store Khalasi / Store Class-E employee, and continued to discharge his duties without any break.

c) The applicant claims that his family has been in cultivating possession of certain land situated at Village Badrore for several decades. His grandfather Dharmu was cultivating land owned by late Shri Hargobind Singh and, after his demise, by his successor Shri Sarbjeet Singh. Upon enforcement of the Agrarian Reforms Act, Mutation No. 446 was attested under Section 4 thereof, declaring the applicant and other co-sharers as prospective owners. However, the said mutation became subject matter of prolonged litigation at the instance of the private landowner.

HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V 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=

d) During the pendency of such civil disputes, a complaint was lodged by Shri Sarbjeet Singh before the J&K Commission of Inquiries (State Subject Certificates) alleging that the State Subject Certificates (PRCs) issued in favour of the applicant’s family members were fraudulently obtained. The Commission, by an ex-parte recommendation dated 13.08.2009, recommended cancellation of the PRCs issue