-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 92/2024 Reserved on:- 08.11.2025 Pronounced on: - 12.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Shabir Ahmed Bhat, Age 56 years S/o Abdul Aziz Bhat R/o Village & VPO Gundna, Tehsil & District Doda. PIN Code: 182202 ...Applicant (By Advocate: - Mr. F A Natnoo)

VERSUS

1. Union Territory of Jammu & Kashmir Through Principal Secretary to Government, School Education Department, J&K Government, Civil Secretariat, Jammu/ Srinagar. Pin Code: 180001

2. Director School Education, Jammu. Pin code 180001

3. Chief Education Officer. Doda Pin code. 182202

4. Sh. Parshotam Dass Goria, Presently Chief Education Officer, Doda. Pincode 182202.

…Respondents.

(By Advocate: - Mr. Sudesh Magotra, ld AAG)

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: -

a) Allow this Ori ginal application of the applicant.

b) Direct the respondents to immediately settle the case of the applicant for the purpose of release of salary/allowances for the period from 19-12-2012 to 16-09-2016 and for release of 6^th pay commission arrears, completion of service record/book and release of all consequential benefits.

c) Direct the respondents to allow regularisation/confirmation of the applicant w.e.f. 30-03-2013, when the applicant in view of his entitlement came to be placed as Incharge Lecturer in the discipline of Political Science.

d) Any other order or directions which this Hon'ble Tribunal may deem just and proper in the given circumstances of the case may also be passed in favour of the applicant.

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Shabir Ahmed Bhat, was appointed as a Teacher pursuant to a selection conducted by the J&K Service Selection Board in the year 1994 and joined service on 19.03.1994. During his long tenure, he earned a clean and satisfactory service record and subsequently acquired higher qualifications, including M.A. and B.Ed. On account of his experience, qualifications, and satisfactory service profile, he was promoted and placed in the Master’s Grade on 06.07.2011.

b) While posted as Master in Government Higher Secondary School, Gundna, the applicant was appointed as Superintendent for conduct of Middle School Examination at the said centre in October–November 2012. One paper of the examination was postponed and rescheduled for 11.11.2012. On account of the inability of the other associated teacher to attend the examination duty on that day, the applicant single-handedly conducted the examination.

c) Subsequently, a complaint alleging corporal punishment of an examinee was made against the applicant. According to the applicant, the complaint was false, motivated, and a product of local hostility. Without conducting any preliminary enquiry, the Director School Education, Jammu, placed the applicant under suspension vide order dated 19.12.2012 and simultaneously appointed an Inquiry Officer with a direction to submit the report within one week. The applicant asserts that the suspension order, though dated 19.12.2012, was not communicated for more than two months and was forwarded only on 28.02.2013.

d) Aggrieved, the applicant approached the Hon’ble High Court by filing SWP No. 532/2013. The High Court, by interim order dated 08.03.2013, stayed the operation of the suspension order and directed the respondents to conclude the enquiry within four weeks. Despite service of the interim order, no enquiry was conducted, no charge-sheet was served, and no report was submitted within the stipulated period.

e) In the meantime, the applicant was promoted and placed as Incharge Lecturer (Political Science) vide order dated 27.07.2013 and posted at Government Higher Secondary School, Jakyas. H