CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 98/2025 Reserved on: - 12.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Peshwari Singh Age 76 years, S/o Late Sunmukh Singh, R/o H.no.88, Sector-C, Sainik Colony, Jammu.

…Applicant (Advocate: - Ms. Surinder Kour, Sr. Adv. assisted by Ms. Manpreet Kour)

Versus

1. State of Jammu and Kashmir Through Principal Secretary to Government, Home Department, Civil Secretariat, Jammu.

2. Director, Department of Sainik Welfare, Amphalla, Jammu.

3. Zila Sainik Welfare Officer, Jammu.

4. Accountant General, Government of J&K, Jammu.

…Respondent (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Akshay Sadotra)

HARSHIT HARSHIT YADAV 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=

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.724/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.98/2025 by the Registry of this Tribunal.

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

PRAYER:

In view of above submissions and those to be urged at the time of hearing, it is, therefore, most humbly prayed that the Hon'ble High Court may kindly:-

a) To issue directions to the respondents to fix and release pension in favour of petitioner and also to include the adhoc period served by the petitioner in the regular service by issuance of writ of Mandamus;

b) To issue directions to the respondents to release the arrear of pension w.e.f. the date, the petitioner has been retired from service i.e. 31-05-1999 and also to release other pensionary benefits in favour of the petitioner by issuance of writ of Mandamus;

HARSHIT HARSHIT YADAV 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=

c) To issue directions to the respondents to condone the deficient qualifying service of petitioner for grant of pension by implementing the provisions of Civil Service Regulations 1956 by issuance of writ of Mandamus;

OR Any other writ, order or directions which the Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondents with cost.

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.

724/2018, which was originally filed before the Hon’ble High Court of Jammu & Kashmir and, upon transfer, has been registered as T.A. No. 98/2025 before this Tribunal b) The applicant is an ex-serviceman and a permanent resident of the erstwhile State of Jammu & Kashmir. He was initially engaged as a Welfare Organizer in the Zila Sainik Welfare HARSHIT HARSHIT YADAV 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=

Office, Srinagar, in the pay scale of Rs. 800-1500 on a temporary/adhoc basis w.e.f. 05.01.1988, pursuant to Order No. 197-Estt/DSW/1988 dated 19.01.1988.

c) From time to time, the engagement of the applicant was extended through successive orders issued by the Department, covering uninterrupted periods between January 1988 and October 1989. These extensions were granted after appreciation of his work and performance and continued until a final selection could be made by the competent authority.

d) Eventually, vide Order No. 165-Estt/DSW/1990 dated

29.01.1990, issued in pursuance of Government Order No. 1220-GAD of 1989 dated 11.09.1989, the services of the applicant were regularized w.e.f. 15.10