CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 5813/2021 Reserved on: - 17.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Harbilas Anjal, Age 56 years, S/o Sh. Gurdayal Prasad, R/o V.P.O.

Sherpur, Tehsil Hiranagar, Kathua.

…Petitioner (Advocate: - Mr. Rohit Verma)

Versus

1. STATE OF JAMMU & KASHMIR through Secretary to Government of Jammu And Kashmir, Technical Education Department, Civil Secretariat, Jammu/Srinagar.

2. DIRECTOR, Technical Education Department, J&K, Jammu.

3. UNDER SECRETARY TO GOVERNMENT, Technical Education Department, Civil Secretariat, Jammu/Srinagar.

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

4. JAMMU KASHMIR PUBLIC SERVICE COMMISSION through its Secretary, Near J&K Super Speciality Hospital, Resham Ghar, Jammu.

5. MEHMOOD AHMAD KHAN, Secretary, State Board of Technical Education, Govt. Poly Technic College, Vikram Chowk, Jammu.

6. MOHAMMAD SHAFI BHAT, Joint Director (PolyTechnics), Directorate of Technical Education, Vikram Chowk, Jammu.

7. NITU MAINI C/o Technical Education Department, Civil Secretariat, Jammu/Srinagar.

8. RITU JAMWAL, Principal, Govt. PolyTechnic College for Women, Shiv Nagar, near A.G. Office, Jammu.

9. VIVEK MAHAJAN Principal, Govt. PolyTechnic College, KowBagh, Ramban, J&K.

10. NEELANJANA MANWATI C/o Directorate of Skill Development, Govt. PolyTechnic College, Vikram Chowk, Jammu, J&K.

11. MANZOOR AHMAD KUMAR, Principal, Govt. PolyTechnic College, Baramulla, Kashmir, J&K.

12. ARUN BANGOTRA, Principal, Govt. PolyTechnic College, Vikram Chowk, Jammu, J&K.

13. ALTAF HUSSAIN SHALLA, Kashmir Govt. Polytechnic, Gogji Bagh, Jawahar Nagar, J&K.

14..SHAFKAT YOUSUF, Principal, Govt. PolyTechnic College, Ganderbal, Kashmir, J&K.

…Respondent (Advocate:- Mr. Rajesh Thapa, 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

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2362/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5813/2021 by the Registry of this Tribunal.

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

a) “CERTIORARI, thereby quashing Government Order No. 112-

Edu(Tech) of 2018 dated 23rd of Oct. 2018 as the same is vitiated by arbitrariness, malafides and unconstitutionality.

b) MANDAMUS thereby commanding the respondents to regularize the services of the petitioner w.e.from the date he became eligible to be promoted as Principal Polytechnic College i.e., 27/6/2009.

c) Any other order or direction that this Hon'ble Court deems appropriate in the facts and circumstances of the case.

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

a) The applicant, Shri Harbilas Anjal, entered government service in the Technical Education Department on 10.03.1995 as Lecturer Grade-I (Civil Engineering) pursuant to 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 Government Order No. 15-Edu(Tech) of 1995, issued after selection through the Jammu & Kashmir Public Service Commission. At the time of his initial appointment, the applicant possessed the requisite qualifications and was placed in the regular pay scale applicable to the said post. His service record, as pleaded and not seriously disputed, has remained unblemished.

b) In the year 2002, the Department, in furtherance of the World Bank Aided Technical Education-III Project, created posts of Training and Placement Officer (TPO) for implementation of the proje