CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3676/2020 Reserved on: - 22.07.2025 Pronounced on: - 11.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Ayaz Ahmed Age 38 years, Head Assistant S/o Sh. Badar Din R/o Jalalabad, Sunjwan Road, Jammu.

2. Shashi Chargotra Age 42 years, Head Assistant S/o Bari Ram Chargotra, R/o H.No. 362, Rani Talab, Digiana, Jammu.

3. Ashok Kumar Age 37 years, Head Assistant S/o Bansi Lal, R/o 80 Gobind Lane, Preet Nagar, Jammu.

4. Brham Dutt Age 47 years, Head Assistant S/o Mela Ram, R/o Post Office Pallanwala, Tehsil Khour, District Jammu.

…Applicants (Advocate: - Mr. Sanjay Kakkar)

Versus

1. State of J&K Through Commissioner/Secretary to Govt. Education Department. Civil Secretariat, Jammu.

2. Commissioner Secretary Govt. General Administration Department.

Civil Secretariat, Jammu.

3. Additional Director General, National Cadre Corps J&K Canal Road, Jammu.

4. Group Commander NCC Group Headquarters, 82-A/D Gandhi Nagar, Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.564/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3676/2020 by the Registry of this Tribunal.

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

a) Writ of certiorari seeking quashment of order no.

001/A/NCC/281 dated 15.03.2018 passed by respondent no. 4 whereby the petitioners are sought to be placed in the grade of Sr. Assistant (5200-20200 GP 2400) along with charge allowance for officiating as Incharge Head Assistant;

b) With further Writ of Mandamus directing the respondents to continue to discharge their duties on the post of Head Assistance in the grade of (9300-34800-GP 4200) to which they have been substantively promoted;

c) 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 applicants are serving officials borne on the cadre of the Jammu & Kashmir National Cadet Corps (Subordinate Service). They were substantively promoted from the post of Senior Assistant to the post of Head Assistant in the grade of ₹9300-34800 with GP 4200 vide promotion orders dated 26.10.2016 and 01.08.2017, issued after convening the duly constituted Departmental Promotion Committee. Consequent monetary and seniority benefits were released to the applicants from the dates specified in the promotion orders.

b) Their service conditions are governed by the J&K National Cadet Corps (Subordinate Service) Recruitment Rules, 1991, under which promotion to the post of Head Assistant is to be made from Class-III Category-A officials with at least four years’ service and subject to passing the Secretariat Assistant Examination (SAE). Rule 6 of the 1991 Rules provides that a person appointed by promotion shall be on probation for two years, extendable to four years.

c) The applicants’ services are utilized in various formations of NCC under respondent No. 3. For several years, respondent Nos. 3 & 4 repeatedly requested respondent Nos. 1 & 2 to release vacancies for deputing officials for the Secretariat Assistant Course, as no such vacancies were made available. Applicants No. 1 & 2 had already completed the Secretariat Assistant Training Course (SATC) and applicants No. 3 & 4 were undergoing the course.

d) An anonymous complaint was received alleging that the applicants were promoted without possessing the required SATC/SAE qualification. Respondent No. 4 sought comments from the applicants, who clarified that promotions were granted after scrutiny by the DPC and that the non-availability of SATC vacancies could not be attributed to them.

e) Thereafter, respondent No. 4 issued order No. 001/A/NCC/281 dated 15.03.2018, pl