##PAGE1##

1

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH

[Reserved]

Transfer Application No. 61/883/2020

(SWP No. 885/2020)

Reserved on: 09.06.2025

Date of Pronouncement: 26.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER

HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

Between

Ranjit Kumar, Aged 54 years,

S/o Sh. Krishan Chand,

R/o Village Chhanmatloni Tehsil

Ghagwal District – Samba.

…..PETITIONER

-VERSUS-

1. Union Territory of Jammu and Kashmir through

Commissioner-cum-Secretary to the Government

School Education Department Civil Secretariat,

Jammu/Srinagar.

2. Director School Education, Jammu.

….....RESPONDENTS

Advocate for applicant(s): Mr. Rohit Verma

Advocate for respondent(s): Mr. S. Magotra, ld. AAG

T.A. No. 883/2020

(SWP No. 885/2020)

Digitally signed by

SOURABH KUMAR

2

ORDER

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 885/2020 was transferred from the

Hon’ble High Court of Jammu and Kashmir at Jammu and was

registered and listed as T.A. No. 61/883/2020 by the Registry of

this Tribunal.

2. The applicants by way of this T.A. have prayed for the

following reliefs:

“(a). Certiorari for the quashment of G.O. No. 622-

Edu of 2018 dated 25.04.2018 issued by the respondent

no. 1 as the same has been passed by the respondent No.

1 in an unreasonable and arbitrary manner.

(b) Mandamus commanding the respondent No. 1 to

promote the petitioner as (10+2) Lecturer in the

discipline of Geography notionally w.e.f. 08.07.2005.

(c) Any other order or direction which this Hon’ble

Court deems fit and proper may kindly be issued in

favour of the petitioner and against the respondents.”

The facts of the case as projected in the instant TA, are as

follows:

a) That petitioner is aggrieved of the order no.

Edu/Legal/J/Misc/243/2017 Dated: 25-04-2018 issued by the

respondent no.1 vides which the case of the petitioner seeking

notional promotion to the post of (10+2) Lecturer in Geography

discipline strictly in accordance with the roaster point meant for

the social caste category in the J&K Reservation Rules, 2005 was

rejected by the respondent no.1 and petitioner calls in question the

same by preferring the above titled writ petition before this

Hon'ble Court.

b) That before going into the grounds of challenge, it is necessary

to give a brief detail about the peculiar facts and circumstances of

the present case and the same is as under: -Petitioner was

T.A. No. 883/2020

(SWP No. 885/2020)

Digitally signed by

SOURABH KUMAR

3

appointed as government teacher in J&K School Education

Department on 23-10-1989. It needs to mention that at the time of

appointment of petitioner as teacher in the J&K Education

Department, petitioner was holding the degree of post-graduation

in Geography discipline. Vides Government Order No. 462-Edu-

of 2009 Dated 09-06-2009, petitioner was placed as I/c Lecturer

in his own pay and grade in the discipline of Geography. A copy of

the order dated 09-06-2009 is attached herewith and marked as

Annexure-II for the kind perusal of this Hon'ble Court. Vides

Government Order No. 39-Edu of 2013 dated 14-01-2013 sanction

was accorded to the regularization of petitioner as (10+2) Lecturer

in the discipline of Geography along with other persons and the

name of the petitioner is reflected at serial no. 32 under Social

Caste category. It needs to mention that petitioner was regularized

as lecturer in the discipline of Geography w.c.f. 09-06-2009. A

copy of the order dated 14-01-2013 is attached herewith and

marked as Annexure-III for the kind perusal of this Hon'ble Court.

It is pertinent to mention that under J&K Reservation Rules 2005,

there is a 100 points roaster for promotion. Rule 9 of the

Reservation Rules, 2005 provides for reservation in promotion. In

the said 100 points roaster, social caste stands/figures at serial no.

10. It means the 10th vacancy in promotion quota is to be filled

amongst the candidates who belong to social caste category as per

their merit-cum-seniority.

c) The bare perusal of the copy of the roaster wise position of

vacancies meant for promot