CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 194/2020 Reserved on: - 28.10.2025 Pronounced on: 09.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Susheel Kumar, Age 42 years, S/O Sh. Parkash Chand R/O Hakkal, Jammu …Applicant (Advocate: - Mr. O P Thakur)

Versus

1. State of Jammu and Kashmir through Commissioner-Cum-

Secretary, Home Department, Civil Secretariat, Jammu.

2. Director General of Police (Prisons), J&K Government, Jammu.

3. Empowerment Committee through its Administrative Secretary, Finance Department, Civil Secretariat, Jammu.

4. Senior Superintendent of Police, District Jail, Jammu.

5. Commissioner-cum-Secretary, General Administration Department, Civil Secretariat, Jammu.

…Respondents (Advocate:- Mr. Rajesh Thappa, AAG,Mr. Hunar Gupta, Ld. DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.379/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.194/2020 by the Registry of this Tribunal.

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

a) “It is, therefore, respectfully prayed that the writ petition may kindly be accepted by issuing an appropriate writ, direction or order including in the nature of writ of mandamus commanding the respondents to regularize the service of the petitioner as Junior Assistant on permanent basis w.e.f 04.09.2008 with all consequential benefits in terms of the Government Order No.

1285-GAD of 201 dated 06.11.2001 OR b) Alternatively, the respondents may be directed to regularize the service of the petitioner on permanent basis in terms of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 w.e.f 04.09.2001 when he completed seven years of service with all consequential benefits.

c) Costs of the petition with such other additional or alternate relief, which this Hon'ble Court may in the facts and circumstances of the case deem it fit and proper, be also passed in favour of the petitioner

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.

379/2019, which was originally instituted before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon transfer, was registered as T.A. No. 194/2020 before this Tribunal. The applicant seeks regularization of his services as Junior Assistant in the Prisons Department, along with consequential benefits.

b) The applicant, a permanent resident of the erstwhile State of Jammu and Kashmir, is stated to have acquired the qualification of 10+2 from the J&K State Board of School Education in the year 1995. His date of birth is 03.04.1976. It is pleaded that he underwent training in typing and shorthand from Gupta Typing and Shorthand Institute, Jammu, during the period January 2001 to June 2001 and was issued a certificate dated 05.07.2001 indicating a typing speed of 35 words per minute. Subsequently, he also attended training at Pandey Typing and Shorthand Institute, Satwari, Jammu, during the year 2004 and obtained another certificate dated 14.10.2004 indicating a typing speed of 40 words per minute.

c) It is the case of the applicant that owing to availability of vacant posts of Junior Assistant in the Prisons Department, he was appointed on ad hoc basis against a clear vacancy vide Order No. 109-A of 2001 dated 05.09.2001 issued by the then Director General of Prisons. Since his initial appointment, the applicant claims to have discharged his duties continuously without any break and to the satisfaction of his superior officers. He was initially posted at District Jail, Kathua, thereafter transferred to District Jail, Rajouri, and is presently serving at District Jail, Jammu. Certificates appreciating his work and conduct are stated to have been issued by the concerned authorities.

d) The applicant asserts that Government Order No