CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1880/2020 Reserved on: - 14.10.2025 Pronounced on: - 26.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Ishtiaq Ahmed Molvi, Age 51 years, S/o Sh. Atta Mohammad Molvi, R/o Ward No.9, Kishtwar, Tehsil and District Kishtwar.

2. Manzoor Hussain, Age 47 years S/o Sh. Ghulam Qadir, R/o Ward No.12, Bhagwan Mohalla, Tehsil and District Kishtwar.

…Applicants (Advocate: - Faheem Shokat Butt)

Versus

1. Union Territory of Jammu and Kashmir through Commissioner Secretary to Government, Rural Development Department, Civil Sectt;

Jammu/Srinagar.

2. Director Rural Development, Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The WP(C) No.4186/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1880/2020 by the Registry of this Tribunal.

2. The present matter was filed by the applicants before the Hon’ble High Court of J&K seeking following relief: -

a) “CERTIORARI; So as to quash impugned Govt. Orders No.

324-RD&PR of 2018 dated 31.12.2018 and 93-RD&PR of 2019 dated 05.03.2019 issued by respondent No. 1 whereby the claim of the petitioners for fixation of their seniority retrospectively in terms of judgments dated 03.03.2017 & 29.09.2016 passed by the Hon’ble Court in SWP No. 478/2017 & SWP No.

2101/2016, has been illegally and arbitrarily rejected.

b) MANDAMUS; So as to command and direct the respondents to promote the petitioners to the next higher post of Panchayat Inspector Grade-II either in the quota of 75% meant for general seniority of VLW’s or quota of 20% and 5% respectively meant for graduate and Post-graduate VLW’s having PG-DRD by giving them the benefit of past service rendered in Education Department when they were selected as in-service candidate as VLW or in alternative confer them the benefit of 2^nd in-situ promotion in terms of SRO 14/1996 dated 15.01.1996 w.e.f. the date they have completed 18 years of continuous service.”

3. The facts of the case as averred by the portioners in their pleadings are as follows: -

a) Vide Order dated 07.05.1991 and 08.06.1995 the applicants were appointed as Teacher in J&K School Education Department. The applicants as an in-service candidates successfully participated in the selection process initiated by J&K Service Selection Board for the post of Village Level Worker (VLW) in the Department of Rural Development and subsequently were appointed as Village Level Worker, District Cadre, Doda vide Govt. Order No. 104-DRD of 2001 dated 29.03.2001 in the pay scale of Rs.3050-4910 (Pre-Revised)

with basic minimum pay of Rs.3050/-.

b) Since the applicants were appointed in higher pay scale in the Education Department i.e. Rs.4000-100-6000 (Pre-Revised) but were appointed as VLW in Rural Development Department in the Lower Pay Scale of Rs. 3050-4910, as such they immediately approached the respondents for sanction of pay protection on the pretext that they were working in the Education Department in the higher pay scale and were duly relieved by their previous department as per entry in their service book as such request was made to issue necessary sanction for their pay protection in view of proviso to Article 77 (d) (i) (a) read with Article 77 (a) (ii) of J&K Civil Service Regulations, 1956.

c) Aggrieved of non-settlement of their genuine claim for pay protection, the applicants approached the Hon’ble High Court of Jammu and Kashmir through the medium of writ petition bearing SWP No.861/2014 titled Ishtiaq Ahmed Molvi & Anr. Vs. State of J&K & Ors. for seeking ex-post facto sanction of pay protection in their favour from the date it became due alongwith all the consequential benefits in view of proviso to Article 77 (d) (i) (a) read with Article 77 (a) (ii) of J&K Civil Service Regulation and also on the similar analogy as has been ado