CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3174/2020 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)

Navneet Gupta Age 39 years S/o Sh. Ram Krishan Gupta R/o H. No. 79, Ward No. 7, Sunderbani, Tehsil Sunderbani, District Rajouri.

…Applicant (Advocate:- Mr. Abhirash Sharma)

Versus

1. State of J&K through Commissioner/ Secretary School Education Department Civil Secretariat Jammu/Srinagar.

2. Director School Education, Jammu.

3. Sajad Ahmed Bhat I/C Lecturer (10+2) Computer Science C/o Director School Education, Kashmir

4. Mohammad Ahsraf Wani I/C Lecturer (10+2) Computer Science C/o Director School Education, Kashmir

5. Mohammad Shamin Iqbal I/C Lecturer (10+2) Computer Science C/o Director School Education, Kashmir

6. Shahida Khalaq I/C Lecturer (10+2) Computer Science C/o Director School Education, Kashmir

7. Rajan Kumar Dabgotra I/C Lecturer (10+2) Computer Science C/o Director School Education, Jammu.

8. Anil Kumar I/C Lecturer (10+2) Computer Science C/o Director School Education, Jammu.

9. Abhishek Khajuria I/C Lecturer (10+2) Computer Science C/o Director School Education, Jammu.

10. Mohammad Altaf Khuja I/C Lecturer (10+2) Computer Science C/o Director School Education, Kashmir

11. Balwant Raj I/C Lecturer (10+2) Computer Science C/o Director School Education, Kashmir

12. Mohd. Sadiq Bhat I/C Lecturer (10+2) Computer Science C/o Director School Education, Kashmir ….Respondents (Advocate: - Mr. Sudesh Magotra, ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1126/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/3174/2020 the Registry of this Tribunal.

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

a) allow the present writ petition;

b) quash Govt. Order No. 855-Edu of 2017 dated 24.10.2017, to the extent, vide this order, Teachers figuring at Sr. No. 27 to 33 of the said order, have been promoted as Incharge Lecturer (10+2) in the discipline of Computer Science, to the exclusion of the petitioner, even when the petitioner is senior to them;

c) quash Govt. Order No. 581-Edu of 2015 dated 30.10.2015, to the extent, persons figuring at Sr. No. 12 to 14 in Annexure-A to the said Govt. Order, have been promoted as Incharge Lecturer (10+2) Computer Science in School when the even Education Department, petitioner is senior to all of them;

d) command and direct the authorities to promote the petitioner as Lecturer (10+2) Computer Science in School Education Department over and above the non-official, w.e.f the date non-official respondents were SO promoted petitioner being senior to all of them; the e) restrain the respondent-Authority from promoting the non-

official respondents substantive basis as Lecturer (10+2) in School Education Department, in the discipline of Computer Science w.e.f the date, non-official respondents were so promoted;

f) Any other writ, order or direction which this Hon'ble court may deem fit or proper in the facts and circumstances of the case.”

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

a) The applicant is a citizen of India and a permanent resident of the erstwhile State of Jammu and Kashmir. He entered government service in the School Education Department in the year 2004 as a Teacher on compassionate grounds under SRO- 43 of 1994, on the basis of his qualifications of B.Sc. and B.Ed.

His appointment and service are not in dispute.

b) Prior to his entry into service, the applicant had already demonstrated academic inclination in the field of computer science. After completing B.Sc. (Medical), he pursued Post Graduate Diploma in Computer Applications (PGDCA) from the University of Jammu as a regular student and successfully completed the same in the year 2001. Thereafter, he enrolled in the M.Sc. (