CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 139/2025 (SWP No. 1279/2013)

Reserved on: - 25.07.2025 Pronounced on: - 18.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Ghulam Rasool Malik, Age 58 years S/o Mohd Din R/o H. No. 47, Gujjar Nagar, Near New Bridge, Jammu.

…Applicant (Advocate: - Mr. Rajinder Singh Jamwal)

-Versus-

1. State through Chief Secretary, Govt. of J&K, Civil Secretariat, Srinagar.

2. Commissioner Excise, Govt. of J&K, Jammu

3. Financial Commissioner, (Excise Dept)

Govt. of J&K, Civil Secretariat, Srinagar.

4. Deputy Excise Commissioner (Executive), Govt. of J&K, Jammu.

5. Shri Khalid Javed Inspector Excise, Toll Post, Lakhanpur.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 1279/2013 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.

139/2025 by the Registry of this Tribunal.

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

i) writ of mandamus commanding the official respondents to promote the petitioner on the analogy of respondent No.5 in pursuance to his promotion order in which he was regularized from 1988 for the post of Sub-Inspector vide order issued by the respondent No.2 No.92/Adm of 2001 dated 05-11-2001 as the respondent no.5 is junior to the petitioner.

ii) any other writ, order or direction which the Hon'ble court deems fit in the facts and circumstances of the case may also be passed.

3. The facts of the case as projected in the instant TA are as follows:

a) That the petitioner was initially appointed in the year 1973 as an ‘Excise Guard’ who served in the Department with utmost dedication and was promoted in the year 1987 to the post of Sub- Inspector by qualifying the Departmental examination and was kept as In-charge Sub-Inspector in his own pay and grade vide office order No.55/Adm of 1987 issued by the respondent No.4.

b) That the respondent No. 5 was initially appointed in the year 1976 as Excise Guard and was promoted as In-charge Sub-Inspector in his own pay and grade vide office order No.2831/Adm dated 27- 05-1988 issued by respondent No.4, thereby, the respondent No.5 was junior to the petitioner since his first appointment.

c) That the promotions given to various Excise Guards as an Incharge Sub-Inspectors in the Excise Department were regularized by the Government vide Govt. order No.178-F of 1997 dated 02-06- 1997. Copy of the Order is annexed herewith as ANNEXURE- Whereas in the Govt. order the petitioner is figuring at serial No.16 and the respondent No.5 is at serial No.25 which shows how the petitioner is senior to the respondent No.5 as per the Govt. order.

d) That the petitioner has already submitted number of representations but the authorities did not pay any heed to the grievance of the petitioner.

4. The respondents have filed their reply statement, wherein they have categorically stated that the applicant by virtue of the present application claiming for the parity with the case of Respondent No. 5 i.e. Mr. Khalid Javed, which cannot be considered as he is claiming the benefit of regularization as Excise Sub-inspector in the Excise Department from 27.05.1988 but in fact both the petitioner and the respondent no. 5 were placed as In-charge Sub-inspectors vide Government Order No. 178-F of 1997 dated 02.06.1997, it is not coming fore that how the petitioner/applicant is claiming the regularization of his service as Excise Sub-inspector from the year

1988, when the applicant and respondent no. 5 were placed as Sub- Inspectors pending confirmation from the Departmental Promotion Committee at S. No. 16 and 25 respectively by the Government in Finance Department in the year 1997, as such the present transfer application deserves an outright dismissal.

Learned counsel for the respondents has further submitted that even