CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 5870/2020 Reserved on: - 15.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Ashok Kumar Sharma; aged: 56 years S/o Late Sh. Kesho Ram, R/o Village Katryal Tehsil Katra, District Reasi …Petitioner (Advocate: - Mr. Rahul Pant, Sr. Advocate along with Mr. Aniruddh Sharma)

Versus

1. State of Jammu & Kashmir through Commissioner cum Secretary to Government, Medical Education Department, J&K Govt., Civil Secretariat, Jammu.

2. Principal, Government Medical College, Jammu.

3. Administrator, Government Medical College, Jammu.

4. Personal Officer, Government Medical College, Jammu.

5. Sunita Kumari, D/o. Sh. Chaman Lal Section Officer, GMCH Jammu 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=

6. Dr. Sunanda Raina Principal Government Medical College, Jammu Chairman, Departmental Promotion Committee …Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG, Mr. Rajesh Thappa, 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.1169/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5870/2020 by the Registry of this Tribunal.

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

a) “Writ, order of direction in the nature of Writ of Certiorari quashing Order No:25-AHJ of 2018 dated 05.04.2018 issued by the respondent No.2;

b) Writ, order of direction in the nature of Writ of Certiorari quashing Order No:26-AHJ of 2018 dated 05.04.2018 issued by the respondent No.2 to the extent respondent No.5 has been granted promotion to the post of Section Officer in the pay scale of 9300-34800 with grade pay of 4600 w.e.f. 25.01.2018;

c) Writ, order of direction in the nature of Writ of Mandamus commanding the respondents No.1 to 4 and 6 to consider the case of the petitioner for promotion to the post of Section Officer in the pay scale of 9300-34800 with grade pay of 4600 against an available vacancy retrospectively w.e.f. 25.01.2018;

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 petitioner and against the respondents along with cost.

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=

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

a) The applicant, Ashok Kumar Sharma, is a permanent resident of the Union Territory of Jammu & Kashmir and was initially appointed as Junior Assistant in the Health Department on 05.12.1985. He earned promotion as Senior Assistant in the year 1993 while continuing in the Health Department. Subsequently, upon administrative restructuring, the applicant was transferred to the Medical Education Department in the year 1992, and his lien was formally shifted from the Health Department to the Medical Education Department vide Government Order No. 453-HME of 2003 dated 13.05.2003. From that point onwards, the applicant became a member of the Medical Education (Non-Gazetted) Service (Administrative Unit) and continued to discharge his duties under the said cadre.

b) In the cadre hierarchy, the post next above Senior Assistant is that of Head Assistant/Head Cashier, carrying a higher pay s