CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1449/2020 Reserved on: - 18.07.2025 Pronounced on: - 17.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sansar Chand, Age 53 years, S/o Sh. Falouri Bandral, R/o Latti A/P Chenani, District Udhampur.

…Applicant (Advocate: - Ms. Manpreet Kour Versus

1) State of Jammu & Kashmir through Principal Secretary to Government, Health & Medical Education Department, Government of J&K, Civil Secretariat, Srinagar.

2) Director, Health Services, Jammu.] 3) Chief Medical Officer, Udhampur.

4) Block Medical Officer, Chenani.

5) Accountant General (A&E), Jammu.

…Respondents (Advocate:- Mr. Sudesh Magotra, ld. A.A.G., Mr. Akshay Sadotra ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2269/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1449/2020 by the Registry of this Tribunal.

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

a) To issue directions to the respondents to grant the benefit of five years addition to the qualifying service for the purpose of pension under the provisions of article 230 (i) of Civil Service Regulations 1956 and to fix and release the pension in favour of the petitioner by extending the benefits of five years additional qualifying service w.e.f. 14-11-2008 or with effect from the date after adding five years additional qualifying service, by issuance of writ of Mandamus;

b) To issue directions to the respondents to release the pensionary benefits i.e. gratuity GP fund and other retiral benefits and to release the arrears of pension w.e.f. 14-11-2008 or with effect from the date after adding five years additional qualifying service, by issuance of writ of Mandamus;

c) To issue directions to the respondents to Condone the deficiency of 3 months, 3 days in the qualifying service of petitioner under the provisions of Civil Service Regulations 1956 and under the provisions of law, by issuance of writ of Mandamus;

Or Any other writ, order or directions which the Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favor of the petitioner and against the respondents with costs.

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.

2269/2019, which was filed by the applicant before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer, came to be registered as TA No. 1449/2020 before this Tribunal. The applicant seeks grant of pensionary benefits by extending the benefit of five years’ addition to qualifying service under Article 230(i) of the Jammu & Kashmir Civil Service Regulations, 1956, condonation of a shortfall of three months and three days in qualifying service, and consequential release of pension, gratuity, GPF and arrears with effect from

14.11.2008.

b) The applicant was initially appointed as X-Ray Assistant on

18.02.1989 and during the course of his service remained posted at various health institutions including CHC Bani, CHC Chenani, CHC Hiranagar and District Tuberculosis Centre, Udhampur. His service record, as pleaded, remained unblemished and no adverse entry or disciplinary action was ever communicated to him. He was promoted and joined as X- Ray Technician on 22.09.2008 at District Tuberculosis Centre, Udhampur.

c) Owing to compelling family and domestic circumstances, the applicant submitted an application dated 07.06.2008 seeking premature/voluntary retirement from service. The said application was duly forwarded by the Block Medical Officer, Chenani to the District Tuberculosis Officer and thereafter processed by the Chief Medical Officer, Udhampur, who transmitted the applicant’s biodata and relevant service particulars to the Director, Health Services, Jammu. The forwarding authorit