CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 1687/2022 Reserved on: - 17.10.2025 Pronounced on: - 11.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Gulshan Roy, Age 40 years, S/o Sh. Bishan Dass R/o H.no.64, Govind Lane, Preet Nagar, Digiana, Jammu Pin Code: 180010.

2. Shaqoor Ahmed, Age 50 Years S/o Anwar Hussain R/o Budhanoo, Rekiban, Rajouri, UT of J&K. Pin Code: 185132 …Applicants (Advocate: - Mr. Rajnesh Singh Parihar)

Versus

1. UT of J&K through Commissioner/Secretary,Health and Medical Education Department, J&K, Civil Secretariat, Jammu 180001

2. Commissioner Food and Drug Administration J&K Government, Civil Secretariat, Jammu PIN CODE-180001.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Prayer seeking directions upon the respondents, to consider and promote the applicants as against the posts of Assistant Controller Drugs / Assistant Drug Analyst against the reserved Category vacancy available to SC & ST categories as per the mandate of J&K Reservation Act and J&K Reservation Rules, 2005 along with all consequential benefits, in the given facts and circumstances of the case.

b) Directing the respondents to maintain the roster register as per the provisions laid down under J&K reservation act, and rules 2005 with effect from the date its has come into force /

operation.

c) Any other Order or direction by the Hon'ble Tribunal, as the Hon'ble Tribunal deems fit and proper to meet the ends of Justice.”

2. The facts of the case as averred by the applicants in their pleadings are as follows:-

a) The case set up by the applicants, in brief, is that they were appointed as Drugs Control Officers / equivalent feeder cadre officers in the Drugs & Food Control Organisation, under the Health & Medical Education Department, Government / UT of Jammu & Kashmir, against posts reserved for Scheduled Caste and Scheduled Tribe categories in terms of the J&K Reservation Act, 2004 and the J&K Reservation Rules, 2005. They have since been discharging duties to the satisfaction of their superiors and there is no adverse material on their service record.

b) It is stated that after their appointment, the respondents prepared and circulated a seniority list of the feeder cadre, in which the applicants were shown senior to several officers belonging to the Open Merit category as well as to some officers of other reserved categories. The said seniority position has attained finality and is not in dispute inter se between the applicants and the private respondents.

c) The applicants contend that as per the applicable Recruitment Rules governing the Drugs & Food Control cadre, the next higher posts of Assistant Controller Drugs / Assistant Drug Analyst are to be filled up by promotion from amongst eligible officers of the feeder cadre, upon completion of the prescribed qualifying service and subject to reservation in promotion in favour of SC/ST and other backward categories as per the J&K Reservation Act, 2004 and the J&K Reservation Rules, 2005.

d) It is specifically pleaded that under the 100-point reservation roster notified under the J&K Reservation Rules, 2005, certain roster points – including Points 3, 4, 5 and other relevant points – are earmarked for candidates belonging to the Scheduled Caste and Scheduled Tribe categories. The applicants state that vacancies on those roster points became available in the promotional cadre of Assistant Controller Drugs / Assistant Drug Analyst, at a time when they had already completed the requisite qualifying service and were fully eligible for consideration.

e) According to the applicants, however, when the Departmental Promotion Committee (DPC) was convened for filling the posts of Assista