CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1433/2020 Reserved on: - 17/07/2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Jagdish Raj, Aged 26 years, Son of Phulail Singh, R/o Chakke Rajgarh , Ramban …Applicant (Advocate: - Mr. Mohsin Bhat)

Versus

1. State of Jammu and Kashmir Through Principal Secretary, Finance Department, Civil Secretariat, Srinagar.

2. Director General, Accounts and Treasuries Civil Secretariat, Srinagar.

3. Director Accounts and Treasuries Jammu.

4. Treasury Officer, Jammu.

…Respondents (Advocate: - Mr. Rajesh Thappa, AAG, Mr. Sumant Sudan)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C)2256/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1433/2020 by the Registry of this Tribunal.

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

a) In view of the submissions made herein above and those to be urged at the time of hearing, it is most respectfully prayed that the Hon'ble Court may very graciously be pleased to allow the present writ petition by granting the following reliefs in favour of the petitioner in the interest of justice: -

b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to allow the petitioner to resume his duties as Accounts Assistant in the office of Treasury Officer, Ramban in view of withdrawn of resignation dated 20.11.2017 by the petitioner, which has not been accepted till date by the competent authority.

c) An appropriate writ, order or direction in the nature of writ of mandamus commanding to desist from taking any action against the petitioner on the basis of his resignation dated

20.11.2017 which he has withdrawn since 02.02.2018.

d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.

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

a) The applicant, Jagdish Raj, is a permanent resident of the erstwhile State of Jammu and Kashmir. He was selected by the J&K Service Selection Board for appointment to the post of Accounts Assistant under the RBA category. Pursuant to his selection, he was appointed and deputed for mandatory Accounts Clerk Course (ACC) training at the Northern Zonal Accountancy Training Institute, Jammu, for a period of one year comprising six months of theoretical and six months of practical training, vide Order No. 198-Acctts of 2016 dated 06.09.2016 issued by the Director General, Accounts and Treasuries. During the training period, the applicant was paid stipend as admissible under the rules, with a clear stipulation that in the event of leaving service within seven years of completion of training, the stipend so paid would be liable to be refunded.

b) The applicant successfully completed the prescribed training and, upon completion thereof, was directed to report to the Director, Accounts and Treasuries, Jammu vide Order No. 243- Act of 2017 dated 04.10.2017. Thereafter, vide Order No. 272 of 2017 dated 09.10.2017, he was adjusted in the office of the Treasury Officer, Ramban. The applicant joined at the said place of posting on 10.10.2017. However, on the very same day, after marking his joining, he left the station stating that he had to arrange household articles from Jammu. Subsequently, he failed to resume duties and instead submitted leave applications dated 17.10.2017 and 21.10.2017 on health grounds.

c) The leave applications were considered by the Treasury Officer, Ramban and rejected on the ground that no leave was admissible at that stage. The applicant was directed vide communication dated 03.11.2017 to resume duties immediately, failing which action under the rules for unauthorised absence, including loss of appointment, would be initiated. Despite the said direct