CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3589/2020 Reserved on: - 23.09.2025 Pronounced on: - 11.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Pardeep Singh Sen, Age 31 years, S/o Sh. Roshan Lal Sen, R/o Village Kuleed Lachkhazana, Tehsil and District Kishtwar.

2. Ajaz Ahmed, Age 31 years, S/o Late Sh. Fazal Hussain, R/o Village Dodasan Bala, Tehsil Thanamandi, District Rajouri.

…Applicants (Advocate: - Faheem Shokat Butt)

Versus

1. State of Jammu and Kashmir through Commissioner Secretary to Government, General Administration Department, Civil Secretariat, Jammu/Srinagar.

2. Director, General of Police, J&K.

3. Director Codes, Finance Department, Civil Sectt; Jammu/ Srinagar.

4. Deputy Secretary to Government, General Administration Department, Civil Sectt; Jammu/Srinagar.

…Respondents (Advocate:- Mr. Sudesh Magotra, AAG & Mr. Rajesh Thappa, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 383/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 3529/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) CERTIORARI; (i) So as to quash Order impugned bearing Govt. Order No. 179-GAD of 2018 dated 29.01.2018 whereby the case of petitioners for counting of past service for the purpose of pensionary benefits entitled for being governed under Old defined pension scheme has been illegally and arbitrarily rejected.

b) So as to quash Circular impugned dated 31.01.2011 issued by General Administration Department qua condition No. (iii) which provides that only substantive formal appointment prior to issuance of new pension scheme will be considered for governing the cases of in-service candidates under old pension scheme.

c) MANDAMUS; (i) So as to command and direct the respondents to govern the cases of petitioner under the old defined pension scheme which was in existence prior to issuance of Defined Contribution Pension Scheme Rules 2010 issued by virtue of SRO 400 dated 21.12.2009.

d) So as to declare illegal and arbitrary the opinion of Finance Department which illegally opined that where the service rendered on probation by the officer is not followed by confirmation in the department, the same cannot be clubbed with the service in another department for the purpose of pensionary benefits.

e) So as to consider the case of petitioners on the analogy of Govt.

Order No. 1246-GAD of 2011 dated 21.10.2011 issued by respondent No. 1 after the issuance of circular instructions dated 31.01.2011 whereby the benefit has been granted to similarly situated official namely Sana Khan who has been allowed the benefit of old pension scheme despite the fact that she has not completed probationary period in her previous service as Lecturer in the discipline of Sociology w.e.f.

02.12.2009 to 19.04.2011.”

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

a) Vide Order No.711-DES of 2008 dated 02.08.2008 the applicant No.1 was appointed as Junior Statistical Assistant in Planning and Development Department, Govt. of Jammu and Kashmir. He applied as an in-service candidate for the post of Lecturer in School Education Department and pursuant to said selection process initiated by J&K Public Service Commission he was appointed as Lecturer in School Education Department vide Govt. Order No.364-Edu of 2010 dated 21.04.2010.

b) The applicant No.2 was appointed as Lecturer, Economics in Higher Education Department vide Govt. Order No.308-HE of 2009 dated 30.12.2009 and while serving as Lecturer, he applied for the post of Assistant Professor in the Department of Economics in University of Jammu as in-service candidate and consequently vide order No.Adm/TW /11/1537-48 dated 22.06.2011 issued by Registrar, University of Jammu he was appointed as Assistant Pro