CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH [Reserved]

Transfer Application No. 75/2022 Reserved on: 30.07.2025 Date of Pronouncement: 17.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between Sh. Mudasir Hamid, Aged 30 years, S/o Late Sh. Abdul Hamid Naik, R/o Village Khowara Khari, Tehsil Banihal, District – Ramban.

…..PETITIONER -VERSUS-

1. State of Jammu and Kashmir through Commissioner-

cum-Secretary, General Administration Department, Civil Sectt., Srinagar.

2. Commissioner-cum-Secretary, Education Department, Civil Sectt., Srinagar.

3. Chief Education Officer, Ramban.

….....RESPONDENTS Advocate for applicant(s): Mr. O.P. Thakur Advocate for respondent(s): Mr. S. Magotra, ld. A.A.G ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 2109/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and is now registered and listed as T.A. No. 75/2022by the Registry of this Tribunal.

2. The applicants by way of this T.A. have prayed for the following reliefs:

It is, therefore, most respectfully prayed that the writ petition may kindly be allowed by issuing appropriate writ, direction or order including in the nature of writ of certiorari quashing Govt order No. 850- Edu of 2012 dated 22-11-2012 whereby the claim of the petitioner for his appointment against the vacancy in the lowest rank of Non-Gazetted service instead of class-IV post has been rejected.

With A further writ of mandamus commanding the respondents to appoint the petitioner against the vacancy in the lowest rank of Non-Gazetted service i.e. either as Teacher/ Library Assistant/ Laboratory Assistant on compassionate grounds with all consequential benefits.

Cost of the petition with such other additional or alternate relief, which this Hon'ble Court may in the facts and circumstances of the case deem fit and proper, be also awarded in favour of the petitioner.

An affidavit in support of petition is attached.

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

a) That the father of the petitioner was holding the post of Master on permanent basis in Education Department. He was Incharge Head Master -Govt High School, Khari.

b) That on the intervening night of 6/7th October, 1999, some Army personnel took the father of the petitioner alongwith them and thereafter till date his whereabouts are not known. In this behalf, it is submitted that an FIR No. 164/99 under Section 364/343 RPC was also registered at Police Station, Banihal.

c) That the mother of the petitioner Mst. Haja Begum also filed a complaint before the J&K State Human Rights Commission, Srinagar against the State and others. The J&K State Human Rights Commission, vide judgment and order dated 20-5-2003 recommended the state authorities to sanction ex-gratia relief of Rs. 2 lacs and also provide employment against a class-III post under the provision of SRO 43 of 1994.

d) That the petitioner was directed to obtain a dependency certificate in terms of SRO 43 of 1994. The said certificate was issued by the Addl. Deputy Commissioner, Ramban vide his No. 672/Misc dated 24-2-2006.

e) That it is pertinent to mention here that when the father of the petitioner was taken on 6/7th October, 1999, he left behind his wife Ms. Haja Begum, three sons namely Sh. Mudasir Hamid (petitioner), Shahid Hamid and Sh. Gohar Hamid, and two daughters namely Ms. Parveena Akhtar and Ms. Shaista. Subsequently, Master Gohar Hamid died. The elder sister of the petitioner Ms. Parveena Akhtar has been married. In these circumstances, the dependency certificate of four legal heirs of the father of the petitioner (Sh. Abdul Hamid) was issued.

f) That a complete file under SRO 43 of 94 was prepared and submitted to respondent No. 3. The petitioner submitted an application for his appointment on compassionate grounds and also submitted the aforesaid dependency certificate. The dependency certificate was issued by the then Addl. Deputy Commissioner