CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 7940/2021 Reserved on: - 22.07.2025 Pronounced on: - 18.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Pawan Kumar; aged 40 Years S/o Sh. Dhanraj Sharma R/o Ward No.06, Nai Basti, Tehsil R.S. Pura, District Jammu.

…Applicant (Advocate: - Mr. Nitin Bhasin)

VERSUS

1. State of Jammu and Kashmir through Commissioner/Secretary to Government, School Education Department, J&K Government.

Civil Secretariat, Srinagar.

2) Director, School Education Department, Muthi, Jammu.

3) Chief Education Officer, Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC 2179/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7940/2021 by the Registry of this Tribunal.

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

a) Writ, order or direction in the nature of Certiorari, quashing the Government Order No. 60-Edu of 2016 dated 23.02.2016;

b) Writ, order or direction in the nature of Mandamus, commanding the respondents appoint the petitioner against Class-IV post in light of the judgment dated 20.05.2013 passed in SWP No. 542 of 2008 read with judgment dated 30.07.2009 passed in LPASW No. 49 of 2008 and on the analogy of persons appointed against Class-IV posts vide Government Order No. 440-Edu of 2010 dated 13.05.2010 and Government Order No.

685-Edu of 2012 dated 04.09.2012;

c) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioners and against the respondents along with cost of the petition.”

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

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

2179/2016, which stood transferred from the Hon’ble High Court of Jammu & Kashmir to this Tribunal and was registered as TA No. 7940/2021. The applicant, Pawan Kumar, seeks quashment of Government Order No. 60-Edu of 2016 dated 23.02.2016, whereby his claim for appointment to a Class-IV post in the School Education Department was rejected, and further seeks a direction for his appointment in terms of earlier judgments of the High Court.

b) The genesis of the dispute traces back to Government Order No. 1706-GAD of 1997 dated 11.11.1997, whereby recruitment to Class-IV posts was to be made by the concerned Head of the Department. In pursuance thereof, the Director School Education, Jammu issued Advertisement Notice No. 01 of 1998 dated 21.04.1998 inviting applications for Class-IV posts in various districts of Jammu Division. The applicant applied pursuant to the said advertisement and participated in the interview process conducted by district-level committees.

c) Subsequently, it came to light that several Chief Education Officers had issued appointment orders unauthorisedly and in contravention of the prescribed procedure. Consequently, the Director School Education, Jammu vide order dated 28.06.1999 cancelled such appointments. Although the cancellation was initially kept in abeyance, upon further examination the Government withdrew the abeyance and upheld the cancellation vide Government Order No. 309-Edu of 2000 dated 24.04.2000.

d) The said action led to extensive litigation. A batch of writ petitions was decided by the High Court in Satya Devi & Ors. v. State of J&K on 23.05.2000, directing the State to redraw the merit list. Instead of redrawing the merit list, the Department re-advertised the posts in the year 2000, to which the applicant again applied, but the process was never taken to its logical conclusion.

e) Thereafter, by Government Order No. 556-Edu of 2002 dated

11.04.2002, 417 ousted candidates were engaged on consolidated wages, and by Government Order No. 383-Edu of

2003 dated