CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 317/2020 Reserved on: - 04.11.2025 Pronounced on: - 26.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Ashok Kumar, Age 42 years, S/o Late Faqir Chand, R/o Village Trigam, Tehsil and District Kishtwar.

…Applicant (Advocate: - Mr. Shayan Chauhan)

Versus

1. Union Territory of Jammu and Kashmir through Commissioner Secretary to Government, Tourism Department, Civil Secretariat, Jammu/Srinagar.

2. Director Tourism, Jammu.

3. Director Tourism, Kashmir.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 468/2020 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.

317/2020 by the Registry of this Tribunal.

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

a) CERTIORARI; So as to quash Order impugned bearing No.

169 of DTK-2019 dated 19.04.2019 issued by respondent No. 3 whereby the claim of the petitioner for giving retrospective effect of promotion to the post of Junior Assistant and Senior Assistant has been illegally and arbitrarily rejected.

b) MANDAMUS; So as to command and direct the respondents to confer the benefit of retrospective effect of promotion in favour of petitioner to the post of Junior Assistant and Senior Assistant w.e.f. the date Sh. Rashid Ahmed was so promoted and to further confer all the future consequential benefits in favour of petitioner which will flow out from such retrospective effect of promotion.”

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

a) Vide order No.Est/351-56/ED/CJ dated 20.02.1991, one Rashid Ahmed was appointed as Safaiwala in the grade of Rs.620-940 plus usual allowances.

b) The said Rashid Ahmed submitted a representation dated

08.07.1996 to the Director Tourism J&K Government wherein he stated that he is working against a post of Safaiwala since 21.02.1991. He further stated that he could not undertake the type test which was scheduled on 07.07.1996 as was decided in the DPC meeting, as he was on casual leave on the said date. He further requested for his promotion to the post of Junior Assistant.

c) Vide Order No.PF/93/4448-50/JDJ dated 02.12.1996 issued by Director Tourism, Jammu, the applicant was appointed as Chowkidar in the grade of Rs.750-940 in terms of Jammu and Kashmir Compassionate Appointment Rules, 1994 issued by virtue of SRO 43/1994. The applicant belongs to Schedule Caste Category.

d) According to Jammu and Kashmir Tourism (Subordinate)

Service Recruitment Rules, 1990 issued by Tourism Department by virtue of SRO 235 dated 12^th July, 1990, the post of Junior Assistant is Class-V, Category-A(a) post which is required to be filled 75% by direct recruitment and 25% by promotion from Class-VI, Categories-‘A’, ‘B’ & ‘C’ (Gestetner Assistant, Office Jamadar and Garden Jamadar) and Class-VII, Categories-‘A’ & ‘B’ (Orderlies/Process Service/ Attendants, Bearers/Hindu Cooks and Chowkidars/Farashes) on the basis of merit-cum-seniority specifically having knowledge of type writing at a speed of 25 words per minute. The post of Safaiwala is Class-VII, Category-III (C) post which is not in the feeding channel for promotion to the post of Junior Assistant.

e) The Director Tourism, Jammu vide No.PS/4642-56/DTJ dated

24.09.1999 issued Circular whereby all the officers of Sub- Offices/Units of Jammu Division were directed to inform their Subordinate Officials and depute the interested Class-IV qualified officials working in Jammu Province for undergoing type test which will be conducted under the technical assistance of Principal, Industrial Training Institute, Jammu so that the eligible officials can be promoted to the post of Junior Assistant by holding the DPC meeting.

f) The type test was conducted on 06.10.1999 in the office of Principal, Industrial Tr