CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 165/2020 Reserved on: - 06.11.2025 Pronounced on: - 09.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. CT. ASHWANI KUMAR, Age 31 years, No.1214/Rsi, EXJ-

118191, S/o Sh. Mohinder Lal R/o Village Saridhgarh, Tehsil Bishnah District Jammu.

2. СТ. МOHD RAZAQ, Age 28 years, No.969/Rsi, EXJ-126847, S/o Mohd Sadiq R/o Village Seela Panassa, Tehsil and District Reasi.

3. СТ. АMIT KUMAR, Age 29 years, No.892/Rsi, EXJ-126957, S/o Om Parkash R/o Village Rakh Thanoa, P/o Jaganoo, Tehsil and District Udhampur.

…Applicants (Advocate: - Mr. Sheikh Altaf Hussain)

Versus

1. THE UNION TERRITORY OF JAMMU & KASHMIR, Through its Principal Secretary, Department of Home, Civil Secretariat, Jammu/Srinagar.

2. THE DIRECTOR GENERAL OF POLICE, Jammu and Kashmir Police Headquarters, Jammu.

3. THE INSPECTOR GENERAL OF POLICE, Jammu Zone Jammu.

4. THE SENIOR SUPERINTENDANT OF POLIСЕ, Reasi.

…Respondent (Advocate:- Mr. Rajesh Thapa, ld. A.A.G., Mr. Hunar Gupta, Ld.

D.A.G.)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.213/2020 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.165/2020 by the Registry of this Tribunal.

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

It is, therefore, prayed that keeping in view, the submissions made herein above and those to be urged at the time of hearing, Hon'ble Court be pleased to issue a writ, order or direction including in the nature of:-

MANDAMUS:-

Commanding the respondents to grant out of turn promotion to the petitioners to the rank of selection grade constables on the analogy of 10 police officials granted the said promotion vide Order No.352 of 2019 dated 24-01-2019 issued by the respondent No.2 as the petitioners are similarly placed and are members of the same Crises Response Team and have actively participated in the anti-insurgency operation on 13-09-2018 in which three dreaded Pakistani militants were killed, in the interest of justice.

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

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

213/2020, which was originally instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon constitution of this Tribunal, stood transferred and registered as T.A. No. 165/2020 b) The applicants are serving Constables in the Jammu and Kashmir Police, posted in different districts but forming part of the Crisis Response Team (CRT), constituted vide PHQ Order No. 1622 of 2018 dated 07.04.2018. The said team was constituted to deal with rising incidents of urban terrorism and militancy, and the applicants claim to have rendered exemplary and unblemished service throughout their tenure.

c) On 12.09.2018, information was received regarding the movement of three Pakistani militants belonging to the banned organization Jaish-e-Mohammad, who had fired upon a police party at Jhajjar Kotli on the Jammu–Srinagar National Highway and had thereafter fled towards the adjoining forest area. Acting upon this information, a large-scale anti-insurgency operation was launched on 13.09.2018 at around 0400 hours in the areas of Kakryal, Katra, Domail, Suketar and Jhajjar Kotli. The applicants, being members of the CRT, were deployed in the said operation.

d) According to the applicants, during the course of the operation, credible intelligence was received that the militants were hiding in a residential house at Dhirti near Kakryal. The police party, including the applicants, cordoned the house, whereupon the militants opened indiscriminate fire and hurled UBGL grenades at the security personnel. In the ensuing encounter, all three militants were neutralized. The applicants assert that they actively participated in the encounter and fired several rounds, thereby risking their