CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 4910/2020 Reserved on: - 03.06.2025 Pronounced on: - 17.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Drub Singh, Aged 49 years, S/o Angrez Singh R/o Village Jandrore Tehsil and District. Kathua

2. Rounak Singh Aged 46 years S/O Dittu Ram R/O Village Sagoon PO Sarwnder Tehsil and District. Jammu.

…Petitioners (By Advocate: -Mr. Siddhant Gupta)

VERSUS

1. State of Jammu & Kashmir Through commissioner Secretary to Government, Forest Department.

Civil Secretariat, Jammu.

2. Director, Fisheries Department, J&K Govt. Jammu.

3. Gulzar Mohd. (Chauffer)

C/O Joint Director Fisheries, Siddhara bypass, Jammu.

4. Nisar Ahmed Kawabi (Chauffer)

C/O Joint Director Fisheries Srinagar.

5. Mohd Farooq Mir (Chauffer)

C/O Director Fisheries Department, Jammu.

6. Sardar Khan (Chauffer)

C/O Director Fisheries Department, Jammu

7. Mukhtar Ahmed Magray (Chauffer)

C/O Director Fisheries Department, Jammu

8. Ab. Hamid Khanday. (Chauffer)

C/O Director Fisheries Department, Jammu.

9. Mohd. Shahban Dar (Chauffer)

C/O Director Fisheries Department, Jammu

10. Ashwani Kumar (Chauffer)

C/O Assistant Director Fisheries Kathua, Near fish Form.

11. Kamaljit Singh (Driver I)

C/O Joint Director Fisheries Project Narwal, Jammu.

12. Nand Singh (Driver I)

C/O Joint Director Fisheries, Jammu.

13. S.Nardeep Singh (Driver I) C/ODy. Director Fisheries Narwal, Jammu.

14. Tanvir Hussain (Driver I) C/OAssistant Director Fisheries Rajouri.

15 Mukhtar Ahmed (Driver I)

C/OAssistant Director Fisheries Udhampur.

16 Mohd. Ashraf Teeli.(Driver I C/O Director Fisheries Department, Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 80/2013 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A.

No. 61/4910/2020 by the Registry of this Tribunal.

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

a) “Allow this writ petition of the petitioner;

b) Issue writ of Certiorari Quashing the impugned order no 436 of

2012 dated 14-08-2012.

c) Issue writ of certiorari quashing the promotion of private respondents no 3 to 10 as chaffers and 11to 16 as driver I.

d) Issue a writ of mandamus directing the official respondents to re-fix the seniority in accordance with the seniority and rules and to place the petitioners as appropriate seniority no and accordingly promote the petitioners as chaffers on basis of their seniority over the private respondents from the date the petitioners had become entitled to the promotion.

e) Pass such other appropriate order as facts of the case demand and Hon'ble Court may deem just and proper in favour of the petitioner”

3. The facts of the case as averred by the petitioners in their pleadings are as follows:

a) The petitioners, permanent residents of the erstwhile State of Jammu and Kashmir and citizens of India, were appointed as Drivers in the Fisheries Department pursuant to their selection through the J&K Services Selection Board (SSB) under Order No. 244/1997 dated 01.12.1997 in the pay scale of 950-20- 1150-EB-25-1500. Their appointment was made vide letter No. SSB/Ps/298-302/97 dated 24.10.1997, and they were placed at serial nos. 1 and 2 respectively in the appointment order.

b) Subsequently, the petitioners were promoted as Driver II with all consequential benefits vide order No. 146/2001 dated 10.12.2001 and later regularized in the pay scale of 4000-100- 6000 as Driver I vide order No. 242/2002 dated 16.11.2002. After completing over three years of satisfactory service, they were declared quasi-permanent as Driver I by the Commissioner of Fisheries vide order No. 25/2004 dated 07.04.2004, wherein the petitioners were placed at serial nos. 5 and 6, while private respondent No. 12 was placed at serial no.

10.

c) The petitioners claimed that private respo