CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 164/2024 Reserved on: - 04.11.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Bandana Sodi, Age 37 years W/o Sh. Ajay Kumar R/o H.No. 9, Ward No.4, Teshil Akhnoor, District Jammu …Applicant (Advocate: - Mr. Abhinav Jamwal)

Versus

1. University Grants Commission Northern Regional College Bureau Feroz Shah Road, New Delhi-110001 through its Secretary

2 University of Jammu, Through Registrar Jammu University, Jammu

3 Union Territory of Jammu and Kashmir, Through Director of Higher Education/Commissioner of Collegiates Education, Jammu and Kashmir, Jammu.

4 Principal Government Degree College, Akhnoor …Respondent (Advocate:- Mr. Rajesh Thappa, Ld. AAG)

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.619/2021 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.164/2024 by the Registry of this Tribunal.

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

In view of the submissions made hereinabove and those to be urged at the time of hearing and arguments, it is, therefore, most humbly prayed that the following relief/s may very kindly be granted in favour of the petitioner i.e., for issuance of:

a. Writ of Mandamus directing the respondents to the pay and release the salary of the petitioner together with interest from

27.02.2017 to 31.07.2018.

Or any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be passed in favour of the petitioner

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

a) The present Transfer Application arises out of SWP No.

619/2021, which stood transferred from the Hon’ble High Court 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=

of Jammu & Kashmir and was registered as T.A. No. 164/2024 before this Tribunal. The applicant approached the writ court seeking issuance of a writ of mandamus directing the respondents to release her unpaid salary, together with interest, for the period from 27.02.2017 to 31.07.2018, during which she admittedly rendered services as a Substitute Teacher in Government Degree College, Akhnoor.

b) The factual matrix, as unfolded from the pleadings and record, reveals that one Ms. Sushma Bala, Assistant Professor in the Department of Education, Government Degree College, Akhnoor, was awarded a Teacher Fellowship by respondent No.1 – University Grants Commission (UGC) under the Faculty Improvement Programme (FIP) during the XII Plan period, vide communication dated June 2016. The fellowship order specifically mandated that the College concerned shall appoint a Substitute Teacher immediately so that academic work does not suffer, and further categorically stipulated that the salary of such Substitute Teacher shall be paid by the UGC. This 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=

condition formed an integral and binding part of the fellowship award c) Pursuant thereto, respondent No.4 – Government Degree College, Akhnoor – initiated the selection process for engagement of a Substitute Teacher by issuing Notice dated 16.01.2017, which was thereafter re-advertised on 27.01.2017. The applicant, being fully eligible and possessing the r