CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8116/2021 Reserved on: - 06.08.2025 Pronounced on:18.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1/ Sh. Fazal Hussain Age 45 years S/O Sh. Alam Din R/O Village Atti Tehsil and District, Rajouri.

2/ Sh. Shakeel Ahmed age 49 years S/O Late Sh. Abdul Majid R/O Village Kotranka Tehsil Kotranka District, Rajouri.

3/ Sh. Latif Hussain age 47 years S/O Late Sh. Hakam Shah R/O Village Dudasan Bala Tehsil Thannamandi Distict, Rajouri.

4/ Sh. Abdul Qayoom age 46years S/O Sh. Mohd Sadeeq R/O Village Saamesamaat Tehsil Thannamandi District, Rajouri.

5/ Sh. Bashir Ahmed age 37 years S/O Late Sh.Ghulam Qadir R/O Village Parori Tehsil Kotranka District, Rajouri.

…Applicants (Advocate: - Mr. O.P. Thakur Versus

1/ State of Jammu and Kashmir through Commissioner-Secretary, Education Department Civil Secretariat, Jammu.

2/Director School Education Department, Jammu.

3/Chief Education Officer, Rajouri.

4/ Zonal Education Officer Khawas, (Rajouri).

5/ Zonal Education Officer, Thannamandi.

6/Head Master Govt; High School Draj (Kotranka).

…. Respondents (Advocate:- Mr. Sudesh Magotra, ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 281/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/8116/2021 by the Registry of this Tribunal.

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

a) It is, therefore, respectfully prayed that writ petition may kindly be accepted by issuing an appropriate writ, direction or order including in the nature of writ of certiorari quashing order endorsement No: DSEJ/NG/M/24194-25206 as dated 28-1- 2015 issued by respondent No.2, unconstitutional, void, abnitio, nullity, and ineffective besides being illegal, discriminatory and unreasonable.

With b) A further writ of mandamus commanding the respondents to allow the petitioners to perform the duties as Masters in the schools where they are presently posted and pay them the pay and salary as Masters.

c) 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 to the petitioners.

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

a) The applicants are permanent residents of the erstwhile State of Jammu and Kashmir and are citizens of India. They entered service in the Education Department as General Line Teachers between the years 1991 and 2002. All the applicants possess graduation qualification along with B.Ed degrees obtained from Bhartiya Shiksha Parishad, Lucknow (U.P.), which were acquired from the main campus of the said institution and not through any study centre or off-campus arrangement.

b) Under the Jammu and Kashmir Educational (Subordinate)

Service Recruitment Rules, the post of Master is to be filled up 100% by promotion from amongst eligible General Line Teachers possessing graduation and B.Ed qualification. After acquiring the requisite qualification, the applicants became eligible for promotion and were considered by the Departmental Promotion Committee (DPC).

c) Applicants No. 1, 4 and 5 belong to Scheduled Tribe category and applicant No. 2 belongs to RBA category. They submitted valid category certificates and were considered against their respective reserved categories. Applicant No. 1 was promoted as Master with effect from 26.03.2010 vide order dated 24.09.2011. Applicants No. 2 to 5 were promoted as Masters vide order dated 25.03.2013 and were subsequently adjusted against different schools in District Rajouri by orders dated

29.07.2013.

d) After their promotion and adjustment, the applicants continuously discharged duties as Masters to the satisfaction of their superiors and were paid salary attached to the post of Master till December