CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH [Reserved]

Transfer Application No. 8802/2020 Reserved on: 22.09.2025 Date of Pronouncement: 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between Mohinder Kumar, aged 51 years, S/o Sh. Kaka Ram, R/o Patniyal, P.O. Akalpur, Tehsil Marh, District – Jammu. …..PETITIONER -VERSUS-

1. State of Jammu and Kashmir, Through Commissioner/Secretary, Industries and Commerce Department, Civil Secretariat, Jammu/Srinagar.

2. Director, Handicrafts, Jammu and Kashmir Govt.

3. Joint Director, Handicraft, Jammu and Kashmir Govt., Jammu.

4. Pawan Kumar Sharma, (the then Joint Director Handicrafts), Chairman, DPC, Jammu, A/P Joint Director CAPD, Jammu.

….....RESPONDENTS Advocate for applicant(s): Ms. Jyoti Swarup Advocate for respondent(s): Mr. R. Thappa, ld. AAG ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 903/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered and listed as T.A. No. 8802/2020 by the Registry of this Tribunal.

2. The instant case was initially filed before the Hon’ble High Court of Jammu and Kashmir, praying therein the following reliefs: -

(a) Certiorari, seeking to call for the relevant record of Promotions granted to the petitioner on 26.07.2013 vide Order No. 694-HD of 2013 and Order No. 51-JDHJ of 2018 dated 01.02.2018 and also seeking quashment of Order No. 51-JDHJ of 2018 dated 01.02.2018 and also the order No. 171-HD of 2016 dated 08.06.2016 alongwith other connected orders, wherein benefits of notionally and monetarily have been granted to other officials except the petitioner for the same pay grade;

(b) Mandamus, Commanding and directing the respondent to grant Notionally and Monetarily benefit w.e.f. 26.07.2013 alongwith release the pay grade of 9300-34800+4280 GP for the post of Inspector Jammu in favour of the petitioner;

(c) Mandamus, commanding and directing the respondents to consider the name petitioner for receiving all benefits of notionally and monetarily w.e.f. 26.07.2013 alongwith other 52 officials, who have received the same for their promotions of different designation at the same pay grade and also to grant consequential benefits of pay grade with retrospective promotion benefit of the petitioner as Inspector w.e.f.

26.07.2013;

(d) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.

3. The facts of the case as revealed from the pleadings are as follows:

a) That, the petitioner is a citizen of India and is permanent resident of State of Jammu and Kashmir as such is entitled to all legal, fundamental and statutory rights as enshrined in part-III of the Constitution of India and Rules framed there under.

b) That, the petitioner was initially appointed on 13.12.1990 as Junior Supervisor in Handicraft Industries and Commerce Department of Jammu and Kashmir and there was no such dispute about his appointment, when he joined the same as per his merit eligibility and without any obstruction from any side, which resulted that his other promotions were granted by the said Department at every stage.

c) That, after the said appointment of the petitioner, the said department made so many promotions to other employees and simultaneously the petitioner also got his first promotion on 03.06.1996 as Senior Supervisor and again at that time there was no dispute about the said promotion of petitioner, thereafter the petitioner again promoted on 26.07.2013 vide Order No. 694-HD of 2013 as Incharge Inspector alongwith all promotion benefits and pay grade of 9300-34800+4280 GP, charge allowance which shows the conformity of promotion.

d) That, the promotion which granted to the petitioner on

26.07.2013 by the respondent No. 2 as Incharge Inspector ARI was to be confirmed by DPC alongwith other 52 candidates who had also promoted with different designation on different dates for the same pay grade