CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3661/2020 Reserved on: - 23.07.2025 Pronounced on: - 12.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Nasir Ahmed aged 48 years S/O Sh. Abdul Qayoom R/O Village Latti Distt- Udhampur …Applicant (Advocate: - Mr. Dhiraj Chowdhary)

Versus

1. State of J&K through Commissioner/Secretary, to Govt. Health &

Medical Education Department Civil Secretariat Srinagar

2. Director Health Services, jammu

3. Chief Medical Officer, Udhampur

4. Abdul Gafoor Basic Health Worker R/O Keya, Tehsil Ramnagar, Distt Udhampur …Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1279/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3661/2020 by the Registry of this Tribunal.

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

a) “An appropriate writ, order or direction more particularly a writ of quo warranto thereby quashing the order impugned no.274 NG of 2018 dated 09-04-18 to the extent it promotes the private respondent no.4 as Junior Health Inspector under O.S.C category from the post of Basic Health Instructor;

b) An appropriate writ, order or direction more particularly a writ of mandamus thereby commanding the official respondents to promote the petitioner to the post of Junior Health Inspector under RBA category w.e.f 09-04-18 notionally w.e.f 01-07-17 alongwith all consequential benefits;

c) Or this Honble court may issue any other order or direction to which the petitioner is held entitled under the 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 petitioner Nasir Ahmed, a resident of District Udhampur, was initially engaged as a Class-IV employee on adhoc basis in

1987 in Allopathic Dispensary Latti, and was later regularized vide Government Order No. 319-MHME of 1994 w.e.f. 11.09.1989. Under the Jammu & Kashmir Health and Medical (Subordinate Service Recruitment Rules), 1992 (SRO 20 of 1992), Class-IV employees possessing matriculation with five years’ service become eligible for promotion to the post of Basic Health Worker (BHW). The petitioner, fulfilling these requirements, was promoted as BHW in 2007 under the General Category.

b) A final seniority list of BHWs for District Udhampur was issued on 01.01.2013, in which the petitioner was placed at Serial No. 13 under the RBA category. Respondent No. 4, Abdul Gafoor, was shown at Serial No. 18 under OSC category, although according to the petitioner, respondent No. 4 actually belongs to RBA category and had already taken benefit of RBA reservation when he was promoted from Class-IV to BHW in 2007. The petitioner contended that as per Section 19 of the J&K Reservation Act, 2004, a candidate can claim benefit of only one reserved category either at entry level or at promotion, and therefore respondent No. 4 could not be granted promotion again under OSC.

c) Promotions to the post of Junior Health Inspector (JHI) were ordered vide Order No. 274-NG of 2018 dated 09.04.2018. Respondent No. 4 was promoted as JHI under OSC category, notionally w.e.f. 01.07.2017. The petitioner challenged this order on the grounds that (i) respondent No. 4 had already availed RBA reservation earlier and could not claim OSC now, (ii) he himself was not considered under RBA category despite vacancies being available, (iii) the seniority position entitled him to consideration, and (iv) the promotion order was violative of Rules 10 and 11 of the Reservation Rules, 2005 and Section 19 of the Reservation Act, 2004. The petitioner therefore sought quashing of Order No. 274-NG of 2018 to the extent it promotes respondent No. 4 under OSC, and prayed for promotion of the petitioner as JHI under RBA category w.e.f.

the same date with a