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:: 1 :: TA 3726/2021

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 3726/2021

Reserved on: - 14.08.2025

Pronounced on: - 23.12.2025

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

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

1. Sh. Mukesh Singh, Age 30 years, S/o Late Sh. Rasyal Singh, R/o

Village Katti Tehsil Panchari, District Udhampur.

2. Sh. Sanjeev Kumar, Age 34 years, S/o Late Sh. Gian Chand R/o

Village Chakhar Teshil and District, Udhampur.

…Petitioners

(Advocate: - Mr. O P Thakur)

Versus

1. State of J&K through Commissioner-cum-Secretary, Public Health

Engineering Department, Civil Secretariat, Jammu.

2. Chief Engineer, Public Health Engineering Department, Jammu.

3. Executive Engineer, Public Health Engineering Department,

Division Udhampur.

…Respondents

(Advocate:- Mr. Rajesh Thapa, Ld. AAG)

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

:: 2 :: TA 3726/2021

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1027/2018 was transferred from the Hon’ble High Court

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

No.3726/2021 by the Registry of this Tribunal.

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

following relief: -

a) “ To grant and sanction the pay scale to the petitioner No. 1 for

the post of fitter at Rs. 5200-20200 with grade pay of Rs. 2400

with effect from 24-12-2007 when he joined in the department

against the post of fitter and accordingly his appointment order

No. PHEJ/GE/180-E of 2007 dated 20-12-2007 may kindly be

directed to be modified.

b) To grant and sanction the pay scale to the petitioner No. 2 for

the post of fitter at Rs. 5200-20200 grade pay Rs. 2400 with

effect from 6-1-2011 when he joined in the department against

the post of fitter and accordingly his appointment order No.

PHEJ/GE/216-E of 2010 dated 31-12-2010 may kindly be

directed to be modified.

With

A further direction to the respondents to grant the petitioners

all the consequential benefits i.e. arrears of pay in the above

mentioned scale, promotions to the higher pay scale, time

bound/in-situ promotion etc.

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

:: 3 :: TA 3726/2021

Costs of the petition with such other additional or alternate

relief, which this Hon'ble Court may in the facts and

circumstances of the case deem fit and proper, be also awarded

in favour of the petitioners.

3. The facts of the case as pleaded by the petitioners in their pleadings

are as follows: -

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

1027/2018, originally filed before the Hon’ble High Court of

Jammu & Kashmir at Jammu, seeking correction of pay scale

and consequential service benefits by two similarly situated

employees appointed as Fitters in the Public Health

Engineering Department on compassionate grounds.

b) The applicants are permanent residents of District Udhampur

and citizens of India. Applicant No. 1, Mukesh Singh, is the son

of Late Sh. Rasyal Singh, who was working as Assistant

Lineman in the Public Health Engineering Department and died

in harness on 24.06.2007. Upon his death, Applicant No. 1

applied for compassionate appointment under SRO-43 of 1994.

Considering his qualification of 10+2, he was appointed as

Fitter vide Order No. PHEJ/GE/180-E of 2007 dated

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

:: 4 :: TA 3726/2021

20.12.2007 in the pay scale of Rs. 2550-3200 (pre-revised), on

temporary basis, subject to satisfactory performance. He joined

duties on 24.12.2007 and his services were regularized vide

order dated 08.09.2008 from the date of joining.

c) Applicant No. 2, Sanjeev Kumar, is the son of Late Sh. Gian

Chand, who was also working as Assistant Lineman in the same

department and died in harness on 10.10.2010. Applicant No. 2

was appointed as Fitter under compassionate appointment vide

Order No. PHEJ/GE/216-E of 2010 dated 31.12.2010 in the pay

scale of Rs. 2550-3200 (pre-revised). He joined duties on

06.01.2011 and his services were regularized vid