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:: 1 :: TA 507/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 507/2020

Reserved on: - 28.07.2025

Pronounced on: - 29.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kiran Bala, aged 60 years, W/O Shri Rakesh Arora R/O 32/3 Channi

Himmat, Jammu.

…Applicant

(Advocate: -Mr. Arun Dev Singh)

Versus

1. State of J&K through Commissioner-cum-Secretary to Government,

Power Development Department, Civil Secretariat, Srinagar.

2. Development Commissioner (Power), Power Development

Department, Jammu.

3. Chief Engineer EM&RE Wing, Jammu.

4. Chief Engineer, Commercial & Survey Wing, J&K Jammu/Srinagar.

…Respondents

(Advocate:- Mr. Hunar Gupta, ld. D.A.G.)

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 2 :: TA 507/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2542/2019 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.507/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

a) Commanding the respondents to grant promotion to the

petitioner with all consequential benefits to the post of Section

Officer, w.e.f. the date similarly situated candidates have been

promoted on the post or from the date, the petitioner became

eligible for the same with all consequential benefits.

b) Further directing the respondents to fix the pension as per

promotional avenues as are available to the Section Officer.

c) Such other relief which this Hon'ble Court may deem fit and

proper in the given circumstances of the case may kindly be

passed in favour of the petitioner as against the respondents.

3. The facts of the case as pleaded by the petitioner in her pleadings are

as follows: -

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

2542/2019, originally filed before the Hon’ble High Court of

Jammu and Kashmir at Jammu and subsequently transferred to

this Tribunal and registered as T.A. No. 507/2020. The

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 3 :: TA 507/2020

applicant seeks promotion to the post of Section Officer with all

consequential benefits, including re-fixation of pensionary

benefits.

b) The applicant was appointed as Junior Assistant in the Power

Development Department in the year 1979. Throughout her

service career, she claims to have discharged her duties

diligently and to the satisfaction of her superiors, without any

adverse remark or disciplinary action.

c) In the year 1995, the applicant was promoted from the post of

Junior Assistant to the post of Revenue Examiner vide order

dated 17.05.1995. Subsequently, vide order dated 30.11.2006,

she was promoted to the post of Revenue Superintendent.

According to the applicant, although the normal promotional

hierarchy from Junior Assistant is to Senior Assistant and

thereafter to Head Assistant/Head Clerk before promotion to

Section Officer, she was promoted through the Revenue

channel, i.e., from Junior Assistant to Revenue Examiner and

thereafter to Revenue Superintendent, instead of being

promoted as Senior Assistant and Head Assistant, as was done

in the case of similarly situated employees.

HARSHIT Digitally signed by

YADAV HARSHIT YADAV

:: 4 :: TA 507/2020

d) The applicant contends that under the applicable recruitment

and service rules, including SRO 381, both Revenue

Superintendents and Head Assistants constitute a common

feeding cadre for promotion to the post of Section Officer. It is

her case that a common seniority list of Senior Assistants,

Revenue Examiners, Head Assistants, and Revenue

Superintendents is maintained by the department and

promotions are effected therefrom.

e) The grievance of the applicant is that despite being eligible and

senior, she was not considered or promoted to the post of

Section Officer, whereas several other similarly placed

officials, particularly those promoted as Head Assistants/Head

Clerks, were promoted as Sect