CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3197/2020 Reserved on: - 28.08.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Balwant Singh (Aged 47 years) S/o Sh. Kirpa Ram R/o Garh Samnabanj, Tehsil Majalta District Udhampur.

2. Sudesh Kumar (Aged 41 years) S/o Sh. Babu Ram R/o Jagwal, Tehsil Majalta District Udhampur.

3. Makhno Devi (Aged 41 years) D/o Sh. Subash Chander R/o Majalta, Tehsil Majalta District Udhampur.

4. Sham Lal (Aged 47 years) S/o Sh. Sri Niwas R/o Barigarh, Tehsil Majalta District Udhampur

5. Sushil Sharma (Aged 38 years) S/o Sh. Madan Mohan R/o Jakhani, Tehsil and District Udhampur

6. Balbir Singh (Aged 47 years) S/o Sh. Beli Ram R/o Meer Panchari, Tehsil and District Udhampur

7. Karan Singh (Aged 37 years) S/o Sh. Sita Ram R/o Mongari, Tehsil and District Udhampur …Applicants (Advocate: - Mr. Sudesh Sharma)

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=

Versus

1. The State of Jammu and Kashmir, through Commissioner cum Secretary, Education Department, Civil Secretariat, Srinagar (J&K).

2. Director School Education, Muthi, Jammu.

3. Chief Education Officer, Udhampur.

4. Mohd. Hanif Presently posted as Laboratory Assistant In Govt. High Secondary School Khanned, Tehsil Basantgarh District Udhampur.

182128.

5. Gian Chand Presently posted as Laboratory Assistant In Govt. High school Sail Kouri Ber, Tehsil Majalata District Udhampur. 182127

6. Bansi Lal Presently posted as Laboratory Assistant In High Secondary School Ghordi, Tehsil Ghordi District Udhampur. 182122

7. Hem Raj Presently posted as Laboratory Assistant In Govt. High Secondary School Chowki Jandrore Tehsil Ramnagar District Udhampur. 182122 …Respondent (Advocate:- Mr. Sudesh Magotra, Ld. AAG)

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.1551/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3197/2020 by the Registry of this Tribunal.

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

a) Writ, order or direction in the nature of Writ of Certiorari for quashment of order No. 06-CEOU of 2018 dated 21.07.2018 whereby the placement of the petitioners as Incharge Teacher was withdrawn and the private respondents were placed as Incharge teacher in place of petitioners.

b) Writ, order or direction in the nature of Writ of Certiorari for quashment of placement of private respondent as Incharge teachers as they are Junior to the petitioners.

c) Writ, order or direction in the nature of writ of Mandamus commanding the respondents to promote the petitioners as Incharge teacher as per their seniority.

d) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioners and against the respondents along with cost of the petition.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

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=

a) The applicants are permanent residents of the erstwhile State of Jammu and Kashmir and are presently serving in the Education Department. They initially entered government service as Class-IV employees and, upon fulfillment of eligibility cond