-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 47/2023 Reserved on:- 26.09.2025 Pronounced on: - 10.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

Chander Shekhar Bali, Age-62 Years, S/o Sh.Murli Manohar Bali R/o Ward No. 12 Bari Brahmana, District Jammu. 181133.

...Applicant (By Advocate: - Mr. K.D.S Kotwal)

VERSUS

1. Union Territory of J&K, Commissioner/Secretary to Government, Public Works (R&B) Department (Irrigation & Flood Control) Civil Secretariat, Jammu/Srinagar. 180001

2. Union Territory of J&K, Commissioner/Secretary to Government, Education Department, Civil Secretariat, Jammu/Srinagar. 180001

3. Superintendent Engineer, Mechanical Irrigation & Flood Control, Circle, B.C. Road, Jammu. 180001.

4. Executive Engineer, Mechanical Irrigation Division, Canal Road, Jammu. 180016

5. Director, School Education, Muthi, Jammu. 181205.

…Respondents.

(By Advocate: - Mr. Rajesh Thappa, AAG, Mr Sudesh Magotra, ld AAG, Mr. Hunar Gupta, DAG)

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: -

1. Prayer for seeking quashment of impugned order dated. 19-05-

2022.

2. Further prayer seeking directions upon the official respondents to settled the pension case of the applicant from the year 1996 and not from the year 2007 by clubbing both the service record of the applicant.

3. 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 applicant in his pleadings, are as follows: -

a) The applicant, Sh. Chander Shekhar Bali, is a citizen of India and a permanent resident of the Union Territory of Jammu and Kashmir. He approached this Tribunal by way of the present Original Application under Section 19 of the Administrative Tribunals Act, 1985, being aggrieved by the action of the official respondents in declining to reckon his past service rendered in the School Education Department for the purpose of pensionary benefits and by issuance of the impugned communication dated 19.05.2022.

b) The applicant was initially appointed as a General Line Teacher in the School Education Department in the year 1996 under the Ex-Serviceman category and continued to serve in the said department uninterruptedly till the year 2007. During this period, he discharged his duties diligently and without any adverse entry in his service record. His last drawn salary at the time of leaving the Education Department was ₹13,910/-.

c) While in service as a Teacher, the applicant applied for the post of Junior Engineer under the Ex-Serviceman category and, upon selection, was appointed as Junior Engineer in the Mechanical Irrigation & Flood Control Department vide order dated 22.05.2007. He joined the said post on 24.05.2007. It is the specific case of the applicant that immediately upon his selection, he submitted all requisite documents to the concerned authorities and also informed the School Education Department about his new appointment. In this regard, he submitted a written representation dated 09.05.2007, requesting the Education Department to take necessary action at their end.

d) The applicant asserts that there was no break or gap in his government service and that the continuity of service is evident from official records, including uninterrupted deductions towards State Life Insurance, which continued from 1996 onwards. According to him, these facts clearly establish that his transition from one department to another was with full disclosure and bonafide conduct.

e) The applicant was due to retire in February 2021 and, accordingly, was asked by the department to submit documents for settlement of his pension case. At this stage, to his utter shock, he was informed that his pension would be calculated only from the year 2007 onwards,