CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 4500/2020 Reserved on: - 28.08.2025 Pronounced on: - 19.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Kewal Krishan, Age 56 years S/o Sh. Som Nath R/o Village Mangnar Tehsil Haveli District Poonch

2. Ved Parkash, Age 57 years S/o Lakhmi Chand R/o Village Mangnar Tehsil Haveli District Poonch.

…Applicants (Advocate: - Mr. Gagan Basotra)

Versus

1. State of Jammu and Kashmir Through Commissioner/Secretary, Cooperative Societies/Department, Civil Secretariat, Srinagar/Jammu.

2. Registrar Cooperative Societies Jammu

3. Additional Registrar Cooperative Societies, Jammu.

4. Sh. Jeet Kumar, presently serving as Assistant Registrar Cooperative Societies Kalakote.

5. Bodh Raj, presently serving as Assistant Registrar, Cooperative Societies Reasi.

6. Mohd. Aslam, presently serving as Auditor District Audit Office, Cooperative Societies, Rajouri.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2402/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.4500/2020 by the Registry of this Tribunal.

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

a) Allow the Writ Petition.

b) Issue an order, direction or writ in the nature of Certiorari quashing the final seniority list No.264-Adm of 2003 dated 12- 12-2003 to the extent of showing the private respondents senior to the petitioners.

c) Issue an order, direction or writ in the nature of Mandamus directing the official respondents to promote the petitioner as Inspector w.e.f 01-11-2011 and Assistant Registrar w.e.f September 2016 when the private respondent no. 4 and 5 were promoted as Inspector and subsequently promoted as In-

Charge Assistant Registrar.

d) Issue an order, direction or writ in the nature of Mandamus directing the official respondents to promote the petitioners as Inspector w.e.f 2011 and Assistant Registrar from the year September 2016 above the respondent no. 4 alongwith all consequential and monetary benefits.

e) Any other order or direction which this Hon'ble Court deems fit and proper in the given facts and circumstances of the case may also be granted in favour of petitioner and against the respondents.”

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

a) The present Transfer Application has its genesis in SWP No.

2402/2018, which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon reorganization of the State and constitution of this Tribunal, stood transferred and registered as T.A. No. 4500/2020.

b) The applicants, namely Kewal Krishan and Ved Parkash, are serving employees of the Cooperative Department and claim to be aggrieved by the alleged illegal fixation of seniority and denial of promotion in comparison to their juniors. They assert that both applicants were appointed as Sub-Auditors much prior in time as compared to the private respondents, yet were overlooked for promotion, resulting in prolonged stagnation in service.

c) Applicant No. 1 was appointed as Sub-Auditor vide Order No.

ADM/2595-2654 dated 14.10.1985 in the office of the District Audit Officer, Cooperative Societies, Poonch-Rajouri. He continued to serve in different capacities and locations including District Poonch, Rajouri, and Jammu between 1985 and 1998 on account of administrative transfers. A division- wise tentative seniority list prepared in the year 1995 reflected his name at Serial No. 62.

d) Applicant No. 2 was appointed as Sub-Auditor vide Order No.

ADM/2818-52 dated 03.10.1989 and initially posted in District Poonch. He too served in District Poonch and Rajouri and figured at Serial No. 65 in the tentative seniority list of 1995. According to the applicants, the said seniority list clearly placed them above the