-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 283/2024 Reserved on: - 10.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Mukesh Menia, Age 38 years, S/o Late Sh. Jeet Ram R/o H.No. 440, L. No. 17, Near Ravi Dass Mandir, Rajpura Mangotrian Pin Code:- 180001

2. Shamim Ahmed Najar, age 48 years S/o Late Sh. Abdul Gani Najar R/o Village Halsidar, Tehsil Veerinag and District Anantnag Pin Code:- 192212.

...Applicant (By Advocate: - Mr. Sudershan Sharma)

VERSUS

1. U.T. of J&K through its VERSUS ~Applicant~ Financial Secretary (Additional Chief Secretary) to Government, Forest, Ecology and HARSHIT YADAV HARSHIT 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=

Environment Department, J&K Govt., Civil Sectt. Jammu. PIN CODE- 180001

2. U.T. of J&K through its Commissioner/Secretary General Administration Department, J&K Govt., Civil Sectt. Jammu. PIN CODE-180001

3. Principal Chief Conservator of Forest, Jammu and Kashmir. Pin.

180006.

4. Sajad Ahmed Bhat MTS Watcher C/o Forest, Ecology and Environment Department, J&K Govt., Civil Sectt. Jammu |Ssinagal 5. Dileep Kumar Bhat MTS Watcher m. 9900 19001 C/o Forest, Ecology and Environment Department, J&K Govt., Civil Sectt.

Jammu Pin 180001.

…Respondents.

(By Advocate: - Mr. Sudesh Magotra, ld. AAG .

HARSHIT YADAV HARSHIT 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 applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

I) Prayer seeking quashing of the of the Forest Order no. 48 of

2024 dated 04.03.2024 qua the respondent no. 4 and respondent no. 5 figuring at serial no. 8 and 9 respectively vide which the said two respondents have been promoted to the post of Junior Assistant from the post of MTS (Watchers) and the same is totalfy illegal, arbitrary, against the SRO 335 DATED 28.11.1991 [The Jammu and Kashmir Forest (Subordinate) Service Recruitment Rules, 1991].

II) Prayer seeking direction upon the respondents to promote the applicants to the post of Junior Assistant in view of their eligibility, seniority and qualification, retrospectively from the date 04.03.2024, whereby Order no. 48 of 2024 has been HARSHIT YADAV HARSHIT 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=

passed by the respondents, where the applicants should have been promoted like other, similarly situated employees, in the interest of Justice and Fair play.

III) The Hon'ble Tribunal may kindly award such other relief(s) as may be considered appropriate in the circumstances of the present case.

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The applicants, namely Mukesh Menia and Shamim Ahmed Najar, are permanent residents of the Union Territory of Jammu and Kashmir and are serving in the Forest, Ecology and Environment Department. Applicant No.1 was appointed as an Orderly vide Government Order No. 217-FST of 2006 dated 26.04.2006, while Applicant No.2 was appointed as an Orderly vide Government Order No. 12-FST of 2009 dated 06.01.2009, and both stand regularised against their respective posts. Since their initial appointments, the applicants have continuously HARSHIT YADAV HARSHIT 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 offi