CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2491/2020 &

Transfer Application No. 230/2022 Reserved on: - 15.09.2025 Pronounced on: - 26.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

TA 2491/2020:

1. Surinder Sharma, Age 49 years S/O Sh. Durga Lal Sharma R/O Mohalla Rajpurohita, Tehsil and Distt. Kishtwar.

2. Vinod Singh Parihar, Age 45 years S/O Sh. Saroop Singh Parihar R/O Village Bera Bhata (Matta) Tehsil and Distt. Kishtwar.

3. Susheel Kumar, Age 42 years S/O Sh. Jagdish Raj Sharma R/O Village Galigarh, Sarthal, Tehsil and Distt. Kishtwar.

…Applicants (Advocate: - Mr. Prajwal Parihar)

Versus

1. State of Jammu & Kashmir Through Commissioner/secretary to Government Revenue Department. J & K Government, Civil Secretariat, Jammu.

2. Financial Commissioner Revenue J&K Government, Civil Secretariat, Jammu.

3. J&K Service Selection Board Through its secretary Sehkari Bhawan Railhead Complex Jammu .…Respondents (Advocate: - Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, DAG)

TA 230/2022:

1. Sujad Hussain Age 47 years, S/o Abdul Majid, R/o Lowang, Tehsil Bani, District Kathua.

…Applicant (Advocate: - Mr. Abhinav Sharma, Sr. Adv)

Versus

1. State of Jammu & Kashmir Through Commissioner/secretary to Government Revenue Department. J & K Government, Civil Secretariat, Jammu.

2. Financial Commissioner Revenue J&K Government, Civil Secretariat, Jammu.

3. J&K Service Selection Board Through its secretary Sehkari Bhawan Railhead Complex Jammu

4. Hamidullah Dar S/O Sh Abdul Khaliq Dar R/o village Muniwar Anantnag(Kashmir)

5. Ali Mohd Bhat S/O Mohd Akbar Bhat R/o Muniwar, Anantnag (Kashmir)

6. Imtiaz Ahmad Dar S/O Sh Ghulan Hassan Dar R/o Sirhama Bijbehara (Kashmir)

7. Rayees Ahmad Parray S/O Ghulam Nabi Parray R/o Chursoo Pulwama (Kashmir)

8. Mohd Imran Dar S/O Ghulam Ahmad Dar R/o Sirhama Bijbehara (Kashmir);

9. Mushtaq Ahmad Dar S/O Sh Abdul Sattar Dar R/o Ashamji Kulgam (Kashmir)

.…Respondents (Advocate: - Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP Nos.3025/2019 & 667/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2491/2020 & 230/2022 by the Registry of this Tribunal.

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

a) Writ of Certiorari to quash Govt. Order No.01 Rev of 2017 dated 02-01-2017 issued by Commissioner Secretary to Govt. Revenue Department, J&K whereby the claim of the petitioners has been wrongly rejected for appointment for the post of Naib-

Tehsildar;

b) Writ of Mandamus commanding the respondents to select and appoint the petitioners for the post of Naib-Tehsildar w.e.f. 08- 09-2009 with all consequential benefits in the light of judgment passed in SWP NO. 487/2009 titled Hamid Ullah Dar & Ors Vs State of J&K & Ors dated 31-12-2014 and Inamul Haq Hajan Vs State & Ors dated 19th August 2015 as well as the judgment dated 07-11- 2016 passed in SWP No. 2094 /2009 and connected petitions;

c) Writ of Mandamus commanding the respondents to accord consideration to the representation of the petitioner made from time to time pursuant to which the committee was framed for reconsideration / review of the impugned order and pass final order on the said representation made by the petitioners within the time frame as the Hon'ble court may deem fit and proper in the facts and circumstance of the case;

d) Certiorari, Seeking to quash Government Order No. 164- Rev of 2016 dated 10.11.2016, whereby and whereunder, the private respondents, who are less meritorious than the petitioner have been appointed as Naib Tehsildar in Revenue department in an arbitrary manner in violation of rules and the petitioner ignored.

e) Mandamus, commanding and directing the official respondent No. 3, to select the petitioner as Naib Tehsildar in Revenue Department, pursuant to Advertisement Notice Nos. No. 01 of 200