CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8558/2021 Reserved on: - 14.07.2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kaka Ram Khajuria Age 56 years S/o Sh. Kunj Lai R/o Village Chulna, Tehsil Panchari, District Udhampur.

…Applicants (Advocate: - Mr. Abhinav Sharma, Ld. Sr. Advocate assisted by Mr.

Vishal Sharma )

Versus

1. State of J&K Through Secretary to Govt. PHE/Irrigation & Flood Control Department, Civil Secretariat, Jammu.

2. Fateh Mohd. Presently posted as Incharge Assistant Engineer PHE Division Kathua.

3. Ghulam Nabi Presently Posted as Incharge Assistant Engineer, PHE Division Rajouri.

…Respondents (Advocate:- Mr. Rajesh Thapa, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.128/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.8558/2021 by the Registry of this Tribunal.

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

a) allow the present amended writ petition;

b) quash Govt. Order No. 338-PW (Hyd) of 2015 dated

15.12.2015, through the medium of which, respondents No. 2 & 3 have been promoted as Incharge Assistant Executive Engineers (Civil) from the post of Incharge Assistant Engineers (Civil), despite they being Junior to the petitioner;

c) quash Govt. Order No. 182-PW (Hyd) of 2011 dated

29.04.2011, whereby and whereunder, respondents No. 2 & 3 have been promoted as Incharge Assistant Engineer ahead of the petitioner despite the petitioner being senior to the private respondents;

d) command and direct the respondent No. 1 to consider and consequently promote the petitioners as Assistant Engineer (Civil) w.e.f. 15.12.2015 and Assistant Executive Engineers (Civil) w.e.f. 15.12.2015 i.e. the date the private respondents have been so promoted;

e) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case

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

a) The original writ petition SWP No. 128/2016, later transferred and registered as T.A. No. 8558/2021, was filed by the applicant Kaka Ram Khajuria challenging the promotion of private respondents, namely Shri Fateh Mohammad and Shri Ghulam Nabi, to the posts of Incharge Assistant Engineer and subsequently to Incharge Assistant Executive Engineer, despite the applicant being senior to them.

b) The applicant states that he was appointed as a Diploma Holder Section Officer (Civil), later redesignated as Junior Engineer (Civil), vide Government Order No. PW-114 of 1981 dated 09.03.1981, his name figuring at Serial No. 114. The private respondents, on the other hand, were appointed much later— respondent No. 2 in 1988 and respondent No. 3 in 1992—both belonging to the ST category.

c) The applicant belongs to Rural Backward Area (RBA) and his RBA status was verified by the Deputy Commissioner, Udhampur vide letter dated 22.12.2010, reaffirmed again in

2013 through Government Order No. 189-PW(Hyd) of 2013 dated 24.07.2013. His RBA certificate was also validated on

13.08.2015 and remains valid up to 12.08.2020.

d) The applicant was placed as Incharge Assistant Engineer vide Government Order No. 507-PW(Hyd) of 2011 dated 30.12.2011. As per the seniority list of JE (Civil) in the PHE, I&FC Department issued vide Government Order No. 265- Works of 2000 dated 17.07.2000, and as per the tentative seniority list issued through Circular No. 03-PHE/I&FC of 2012 dated 26.12.2012, his position stood at Seniority No. 791, while respondent No. 2 appeared at Seniority No. 1537 and respondent No. 3 at Seniority No. 1551. In the final seniority list issued on 21.01.2015 vide Government Order No. 29- PW(Hyd) of 2015, the applicant figured at Serial No. 675 (RBA), whereas the private respondents stood at Serial Nos.

1394 and 1410 respective