CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 1898/2020 Reserved on: - 07.08.2025 Pronounced on: - 15.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Nissar Ahmed, Age 44 years, S/o Ali Mohammad, R/o Village Phagsoo, Tehsil Phagsoo, District Doda.

…Applicant (Advocate: - Faheem Shokat Butt)

Versus

1. State of Jammu and Kashmir through Commissioner Secretary to Government, School Education Department, Civil Sectt., Srinagar/Jammu.

2. Director School Education, Jammu.

3. Kamal Chand, 4. Poonam Kumari, 5. Asha Digra, 6. Mamta Devi, 7. Ajay Kumar, 8. Vikramjeet, 9. Renu Sharma, 10. Ruby Koul, 11. Kapil Kant, Respondent No.3 to 11 through Director School Education Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1878/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1898/2018 by the Registry of this Tribunal.

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

a) CERTIORARI; So as to quash order impugned bearing No.

142-DESJ of 2018 dated 01.02.2018 whereby private respondents who are junior to petitioners have been illegally and arbitrarily promoted to the post of Incharge Senior Assistant.

b) MANDAMUS; (i) So as to command and direct the respondents to promote the petitioner to the post of Senior Assistant on the basis of similar analogy as has been adopted in case of his similarly situated colleague namely Abdul Ghani who was promoted alongwith petitioner to the post of Junior Assistant vide Order dated 23.05.2009 but was subsequently promoted to the post of Senior Assistant on substantive basis vide Order dated 06.01.2016 alongwith all consequential benefits.

c) So as to command and direct the respondents to consider the case of petitioner for placing him Incharge Senior Assistant w.e.f. the date private respondents were so promoted till his case for promotion on substantive basis on the analogy of his colleague is not considered.

d) So as to command and direct the official respondents not to further extend the term of private respondents as Senior Assistant in light of Order dated 01.02.2018.

e) Prayer for issuance of any other interim or final relief as the Hon'ble Court may deem fit and appropriate in the peculiar 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 applicant was appointed as Class-IV employee in the J&K School Education Department on 30.08.2000 under RBA Category. Upon recommendation of the Departmental Promotion Committee (DPC) dated 21.02.2009, the applicant was promoted as Junior Assistant vide Order No.DSEJ/Gen/Prom/ 428-39 dated 23.05.2009.

b) Vide Order No.732-DSEJ of 2016 dated 06.01.2016, 23 Junior Assistants were promoted as Senior Assistants, including Shri Abdul Gani Wani, who was promoted as Junior Assistant alongwith the applicant on 23.05.2009. Vide impugned Order No.142-DSEJ of 2018 dated 01.02.2018, 67 Junior Assistants were placed as Incharge Senior Assistants for six months or till regular promotions are made. The promotees include the private respondents who are juniors to the applicant.

c) The applicant approached the respondents through Legal Notice dated 22.03.2018 seeking promotion to the post of Senior Assistant w.e.f. the date his juniors and similarly situated colleagues have been promoted as Senior Assistants.

d) The inaction on the part of respondents constrained the applicant to approach the Hon’ble High Court of Jammu & Kashmir through the medium of writ petition bearing SWP No.1878/2018 which has been transferred to this Tribunal and registered as T.A No.61/1898/2020. In the said writ petition before the Hon’ble High Court, the applicant sought quashment of order impugned bearing No. 142-DESJ of 2018 dated 01.02.2018, direction to prom