CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU Hearing through video conferencing Original Application No. 61/1041/2024 Reserved on: 11.08.2025 Pronounced on: - This the 17th day of December 2025 HON’BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER

1. Sadeeq Ahmed Age 63 Years, S/o Mohd Ismail, RAJAT R/O Village Hasplote, Thanamandi, Tehsil Thanamandi, District Rajouri.

SINGH Pin Cod: 185131 PATHANIA Email: aadeeqwani1961@gmail.com R C A =I J N A , T O S = I C N e G n H tr a P l A A T d H m A in N is IA trative Tribunal Jammu …..Applicant Bench, OU=Stenographer Grade D, PostalCode=

180001, L=jammu, S=JAMMU AND KASHMIR, (Through Advocate: Mr. F A Natnoo STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b 997621c778f2df2516f9d70fe, SERIALNUMBER=

c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe VERSUS

8c3bc762c35a192f223826, E=rajat12sp@ gmail.com, CN=RAJAT SINGH PATHANIA I am the author of this document

2025.12.17 13:18:34+05'30' 1. UT of Jammu & Kashmir Through Principal Secretary to Government, Finance Department, Civil Secretariat, Srinagar/ Jammu.

Pin Code:180001

2. Secretary to Government, PWD(R&B) Department, Civil Secretariat, Srinagar/ Jammu.

Pin Code:180001

3. Principal Accountant General, (A&E), J&K And Ladakh, Jammu, Pin Code:180001

4. Chief Engineer, PMGSY,Jammu.

Pin Code: 180001.

5. Superintending Engineer, PMGSY, Batote, Pin Code: 182143.

.....Respondents (Through Advocate: Mr. Hunar Gupta, ld. D.A.G.

Mr. Sahil Koul)

O R D E R

(Per: Shri Rajinder Singh Dogra, Judicial Member)

RAJAT The present Original Application has been filed by the SINGH applicants under Section-19 of the Administrative Tribunals Act, PATHANIA

1985 seeking the following reliefs:-

RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, S S T ec R r E et E a T ry = " C W a a m z p a r o a f t f ic R e o a Ja d m , O m p u p o Ja si n te d k C ", h P ie h f one= “i. Allow this original application of the applicant;

53b906b465d826ee1c1d19e3b6adaf29e74297b 997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe

8 g c m 3 a b il c .c 7 o 6 m 2c , 3 C 5 N a1 = 9 R 2 A f2 J 2 A 3 T 8 S 26 IN , G E= H r a P j A at T 1 H 2s A p N @

IA ii. Declare the action of the respondents in effecting I am the author of this document

2025.12.17 13:18:34+05'30' recovery of gratuity amount of Rs. 5,78,095/- besides releasing the amount of arrears less by Rs. 9,21,000/-

as illegal;

iii. Direct the respondents to immediately release, alongwith interest @ 24% illegally withheld gratuity amount of Rs. 5,78,095/- as well as an amount of Rs. 9,21,406/- paid less towards the arrears to the applicant in view of alleged excess drawal of emoluments from 1988 to 2020;

Any other relief which this Hon’ble Tribunal may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the applicant and against the respondents. “

2. Facts involved in the instant case and as pleaded in the OA in a nutshell are the applicant herein on remaining successful in the selection process conducted by the J&K SSRB initially came to be selected and appointed as Junior Engineer in the year 1988 and on his further remaining successful in the selection process conducted by JKPSC was appointed as Assistant Engineer ( Civil ) in the year 1993. Further the applicant came to be promoted as Assistant Executive Engineer in the year 2006, Executive Engineer in the year 2014 and Superintending Engineer in the year 2020. The applicant after having rendered about 33 years of service retired on superannuation on 31-12-2020 as RAJAT Superintending Engineer. It is contended that with a view to SINGH remove anomaly between JE ( Civil ) and JE (Mechanical)

PATHANIA RAJAT SINGH PATHANIA appointed by the Public Works Department and JE (Electrical )

C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, P