CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2550/2020 Reserved on: - 25.07.2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Madan Lal Sumbria, S/o Late Khushi Ram, R/o Ward No.6, Mandi Sher Singh Kathua, Age 72 Years.

…Petitioner (Advocate: - Mr. M.K. Bhardwaj)

Versus

1.State of J&K through Commissioner/Secretary, Health and Medical Education Department, J&K Governement Civil Secretariat, Srinagar.

2. Director Health Services, Jammu.

3. Chief Medical Officer, Kathua

4. District T.B. Officer, Kathua.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2122/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2550/2020 by the Registry of this Tribunal.

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

a) “To quash and set aside the communication bearing no. DHS-

J/T.O/324/3582-83 dated 19.6.2015 whereby his claims for promotional benefits/ re-fixation of pay has been rejected by the respondent no.2, by the issuance of writ. order or direction in the nature of certiorari MANDAMUS b) To command and direct the respondents release the salary of the petitioner for the post of Treatment Organizer from the Month February 2003 and onwards with a further direction to the respondents to grant him post retrial benefits also in the pay scale of 5700-10100 attached to the aforesaid post of Treatment Organizer, by the issuance of writ, order or direction in the nature of mandamus.

c) And/or to pass any other writ, order or direction, which this Hon'ble Court may deems fit and proper in the present set of circumstances.

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

a) The present Transfer Application arises out of SWP No.

2122/2016, which was originally filed before the Hon’ble High Court of Jammu & Kashmir and, upon transfer, stood registered as T.A. No. 2550/2020 before this Tribunal. The petitioner seeks quashment of communication dated 19.06.2015 issued by the Director Health Services, Jammu, whereby his claim for promotional benefits and re-fixation of pay was rejected, along with a consequential direction for grant of salary and post- retiral benefits in the pay scale attached to the post of Treatment Organizer.

b) The petitioner claims to have entered government service in the Health Department as a Class-IV employee and was promoted as BCG Technician in the year 1979. Thereafter, he was promoted as TB Health Visitor in January 1998. During the course of his service, the petitioner underwent various trainings relevant to tuberculosis control programmes, including BCG Technician training, Health Visitor training, and Treatment Organizer training under RNTCP at NIT Bangalore in the year

2002.

c) It is the specific case of the petitioner that having completed the requisite five years of service as TB Health Visitor, he became eligible for promotion to the post of Treatment Organizer in January 2003. According to him, vacancies were available at the relevant time and a Departmental Promotion Committee was convened in February 2003, wherein he was found fit and suitable for promotion. However, despite such recommendation, the formal order of promotion was not issued immediately and, in the interregnum, the petitioner superannuated on 31.03.2003.

d) Subsequently, an order dated 15.09.2003 was issued implementing the recommendations of the Departmental Promotion Committee, wherein the petitioner’s name figured in the list of promotees with a remark indicating that he had already retired on 31.03.2003. The petitioner asserts that but for the delay on the part of the respondents in issuing the formal promotion order, he would have been promoted prior to his retirement and would have drawn salary and retiral benefits in the