CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8467/2021 Reserved on: - 15.07.2025 Pronounced on: - 15.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Bharat Vikas Sharma Age 35 years S/o Sh. Desh Vir R/o Ward No. 15, Patel Nagar, Kathua.

2. Neetu Sharma Age 36 years W/o Sh. Vishal Sharma R/o H. No. 78, Near Geeta Mandir, Bakshi Nagar, Jammu.

3. Pawan Deep Singh Soni Age 39 years S/o S. Bikram Jeet Singh R/o H. No. 294, Bakshi Nagar, Jammu. 4. Sanjeev Kumar Gupta Age 39 years S/o Sh. Prem Kumar Gupta …Applicants (Advocate: - Mr. Abhinav Sharma, Ld. Sr. Advocate)

Versus

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

PHE / Irrigation & Flood Control Department, Civil Secretariat, Jammu.

2. Manmohan Gupta Posted at Irrigation Division, Udhampur, Irrigation Sub-Division, Udhampur.

3. Muzamil Ahmed Rafiqi Posted at Vigilance Organization, Kashmir (J&K).

4. Tej Kumar Sharma Posted at PHE City Division-I, Sub-Division Shitlee, PHE, Jammu.

5. Mohammad Irfan Reshi Posted at Floor Spill Channel Narbal Division, Flood Control Department, Srinagar (J&K).

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 3327/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.

8467/2021 by the Registry of this Tribunal.

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

a) Certiorari, seeking to quash Govt. Order No. 338-PW (Hyd) of

2015 dated 15.12.2015, through the medium of which, respondents No. 2 to 5 have been promoted as Incharge Assistant Executive Engineers (Civil) from the post of Incharge Assistant Engineers (Civil);

b) Certiorari, seeking to quash Govt. Order No. 187-PW (Hyd) of

2010 dated 28.04.2010, through the medium of which, respondents No. 2 to 5 were promoted from the post of Junior Engineers to the post of Incharge Assistant Engineers (Civil) in sheer violation of J&K Engineering (Gazetted) Service Recruitment Rules, 1978;

c) Mandamus, commanding and directing the respondent No. 1 to consider and consequently promote petitioners as Assistant the Executive; Engineers w.e.f. 15.12.2015.

d) 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 petitioners in their pleadings are as follows: -

a) The petitioners are Engineering Graduates (B.E.) who were selected and appointed as Junior Engineers (Civil) through the J&K Services Selection Recruitment Board vide Government Order No. 148-PW(R&B) of 2007 dated 16.04.2007. Their names figure in the final seniority list of Junior Engineers (Degree Holders) issued vide Government Order No. 146- PW(Hyd) of 2013 dated 28.05.2013 at serial numbers 428, 429, 441 and 447.

b) The private respondents, on the other hand, were initially appointed as Junior Engineers on the basis of Diploma qualification pursuant to a selection conducted by the SSRB. They were appointed between 1999 and 2001, and their names appear in the seniority list of Diploma-holder Junior Engineers issued under the same Government Order of 2013.

c) During service, respondents 2 to 5 acquired higher qualification—AMIE or B.E. degrees—on 14.09.2007, 15.02.2008, 15.09.2008, and 20.12.2008 respectively. Pursuant to Note-II of Schedule-IIA of the J&K Engineering (Subordinate Service) Recruitment Rules, 1997, the seniority of a diploma-holder Junior Engineer is to be shifted to the degree- holders’ seniority list from the date of completion of AMIE Section A & B. Accordingly, their seniority was migrated to the list of degree-holder Junior Engineers from the dates of acquiring their degrees.

d) The next promotional post—Assistant Engineer—is governed under the J&K Engineering (Gazetted) Service Recruitment Rules, 1978. Under these rules, a degree-holder Junior Engineer must have c