CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 709/2022 Reserved on: - 28.07.2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Vinod Kumar Age: 30 years, S/o Sh. Brij Lal, R/o Village Ghan Sarthal, Tehsil and District Kishtwar.

…Applicant (Advocate: - Mr. Ajaz Choudhary)

Versus

1 The State of Jammu and Kashmir through its Commissioner/Secretary to Govt., General Administration Department, Civil Secretariat, Jammu.

2 The Commissioner/Secretary to Govt. of J&K, Education Department, Civil Secretariat, Jammu.

3 The Director, School Education, Muthi, Jammu.

4 The Chief Education Officer, Kisthwar.

…Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1080/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.709/2022 by the Registry of this Tribunal.

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

a) “ CERTIORARI:-

Quashing the impugned Order vide Govt. order No. 171-Edu of 2017 dated 03.04.2017 passed by the respondent No. 2 which is contrary to the rule 3 of SRO 43 of 1994 and also the same is in violation of the several Judgment passed by the Hon'ble High Court as well as the judgment dated 02.12.2015 passed in SWP No. 2557/2016. MANDAMUS: -

Commanding the respondents to accord consideration to the case of the petitioner for his appointment on higher post of Teacher by keeping in view the law laid down by this Hon'ble High Court cited in 2017 (3) 632 (HC) titled Vishiv Deep Singh V/s State of Jammu and Kashmir & Ors. and as per the Rule 3 of SRO 43 of 1994.

Prayer for the grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The applicant is a resident of District Kishtwar and a citizen of India. His father, Vijay Kumar, was serving as a Teacher in UPS Upper Pora and died in harness on 13.08.2013, leaving the family in financial distress. In order to provide immediate relief to the bereaved family, the case of the applicant was considered under SRO 43 of 1994 governing compassionate appointments. At the relevant time, the applicant possessed the educational qualification of 10+2. Notwithstanding his qualification being beyond matriculation, the respondents processed his case and appointed him as a Class-IV employee in the Education Department. The appointment was made vide Order No. DSEJ- Gen/SRO-43/12399-401 dated 30.08.2014, followed by a formal appointment order issued by the Chief Education Officer, Kishtwar, vide No. CEO/K/14/SRO-43/9160-64 dated 30.08.2014. The applicant joined his duties on 01.09.2014 and has since been continuing in service.

b) The grievance of the applicant is that Rule 3 of SRO 43 of 1994 envisages appointment on a non-gazetted post where the dependent possesses educational qualification beyond matriculation, and therefore, his case ought to have been considered for appointment to a higher post such as Teacher instead of Class-IV. On this premise, the applicant claims that his appointment as Class-IV was contrary to the statutory rule and discriminatory, particularly when similarly situated candidates were allegedly granted higher posts by virtue of judicial pronouncements of the High Court of Jammu and Kashmir. The applicant made several representations seeking consideration for appointment to a higher post, which according to him, were not decided for a considerable period.

c) Aggrieved, the applicant earlier approached the High Court by filing SWP No. 2557/2016, which was disposed of on 02.12.2016 with a direction to the applicant to submit a representation before the competent authority, to be considered on its own merits. Pursuant thereto, the applicant submitted a representatio