CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3253/2020 Reserved on: - 14.10.2025 Pronounced on: - 15.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Nanak Singh Age about 60 years S/o S. Bishan Singh R/o Kotli Shah Dullah, Tehsil R.S. Pura, District Jammu.

At present H. No. 13, Sector-3, Sanjay Nagar, Jammu.

…Applicant (Advocate: - Mr. Abhimanyu Sharma)

Versus

1. State of J&K Through Commissioner/Secretary to J&K Govt.

Housing & Urban Development Department, Civil Secretariat, Jammu.

2. Director Local Bodies, Jammu.

.. Official Respondents

3. Garu Ram Chief Executive Officer Municipal Council, Poonch ..Private Respondent (Advocate:- Mr. Hunar Gupta, DAG, Mr. S.K. Anand)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 884/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.

3253/2020 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 Writ Petition.

b) quash Government Order No. 225-HUD of 2018 dated

13.08.2018, whereby and where under, the private respondent, who, even when junior to the petitioner has been promoted as Chief Executive Officer in Urban Local Bodes Jammu and the petitioner ignored;

c) command and direct the respondents, to promote the petitioner to the post of chief Executive Officer, Urban Local Bodes Jammu, w.e.f the date, the private respondent was so promoted, with all consequential benefits;

d) command and direct the respondents, to regularize/confirm the promotion of the petitioner to the post of Executive Officer on Urban Local Bodies Jammu retrospectively from the date, petitioner was promoted as Executive Officer on in-charge basis w.e.f 02.02,2000 by making amendment in the Government Order No. 35-HUD of 2015 dated 05.02.2015 to the extent the words "with immediate effect" mentioned in the said order are replaced by the words w.e.f the date (02.02.2000), the petitioner was working as Executive Officer on in charge basis;

e) command and direct the respondents, to release all the consequential benefits, including monitory benefits in favour of the petitioner f) 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 averred by the petitioner in his pleadings are as follows: -

a) The petitioner, Nanak Singh, entered Government service on

25.08.1980 as a Junior Assistant in the Directorate of Urban Local Bodies, and his appointment was continued through various orders. In 1984, he was adjusted against an available post of Senior Assistant, and in 1991 he was allowed to work as Secretary in the Notified Area Committee. His services were regularized as Secretary on 16.03.1995. Government Order No. 45/HUD/LSG dated 03.02.1986 provided that the post of Executive Officer would be filled from Legal Assistants/Legal Advisors, Food Inspectors and Secretaries. The petitioner, being a Law Graduate, was adjusted as Legal Assistant vide order dated 27.11.1999 with effect from 23.11.1998. Since the 1986 Government Order did not explicitly mention “Legal Assistant,” the petitioner and others filed SWP No. 38/2000 and secured interim directions for consideration of Legal Assistants for promotion to Executive Officer. Meanwhile, the petitioner also acquired a Local Self-Government Diploma. Vide Government Order dated 02.02.2000, five Secretaries— including the petitioner—were promoted as Executive Officers in their own pay and grade and the petitioner was posted as Executive Officer, NAC Banihal. Subsequently, Order No. 245- DLBJ of 2002 granted notional effect to his higher scale from 12/1991. Seniority lists were issued from time to time in different categories, and the petitioner figured at Serial No. 1 among Legal Assistants of Jammu Division.

b) Government Orde