CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH Transfer Application No. 3675/2021 (SWP No. 593/2006)

Date of Order: This, the 10th day of December, 2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between Jagdeep Singh, Aged 36 years, S/o Sh. Basant Singh, R/o H. No. 247, Ward No. 3, Krishna Nagar, Kathua …..Applicant -VERSUS-

1. State of Jammu and Kashmir through Principal Secretary to Govt., Home Department, J&K Government, Civil Secretariat, Srinagar.

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

…..Respondents Advocate for applicant(s): Mr. Gagan Kohli Advocate for respondent(s): Mr. Rajesh Thapa, ld. AAG ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The applicant had initially approached the Hon’ble High Court of Jammu and Kashmir at Jammu filing the SWP No. 593/2006 which was later on transferred to this Tribunal and registered as T.A. No. 3675/2021, seeking therein the following reliefs:

“(a) To direct the respondents to treat the petitioner as Sub Inspector for the purpose of seniority and other benefits w.e.f. 1992 on the analogy of Sh. Shimba Samstan (3840/NGO), Mohd. Baqir (3844/NGO), Rajesh Sharma (3837/NGO), Bashir Ahmed Wagay (4103/NGO) and Sanmati Gupta (4749/NGO) and show him in the seniority list as per his merit, with all consequential benefits.

(b) And/or to pass any other writ, or direction, which this Hon’ble Court may deems fit and proper in the present set of circumstances.

The factual matrix of the case is that the petitioner was a candidate for the post of Sub Inspector, J&K Police pursuant to an advertisement notice issued in the year 1991. He participated in the written examination conducted by the respondents. On the basis of his merit and performance in the written examination, he was called for interview vide communication dated 17-2-1992. The petitioner secured 180 marks in the select list. There were a number of candidates in the select list who had secured 180 marks in the competitive examination. Out of a list of about 27 candidates, some candidates were selectively appointed by the respondents who have secured 180 marks. Writ Petitions were filed by rest of the candidates who had also secured 180 marks, in the Hon'ble High Court, and, the Hon'ble High Court ultimately arrived at a conclusion that all the candidates, who have secured 180 marks, have to be considered in one bracket and are entitled to be treated similarly and identically. The petitioner was also a writ petitioner in the Hon'ble High Court in one of the writ petitions. His writ petition was registered as SWP No. 171/94. Pursuant to the direction of the Hon'ble Court, the appointment order of the petitioner was issued vide order No. 515 of 1996 dated 30-10-1996. The order of appointment of the petitioner was issued in the year 1996. The selection process was initiated in the year 1991 and the select list came to be issued in the year 1992. It has been submitted that the bracketed candidates namely S/Sh. Shimba Samstan (3840/NGO), Mohd. Baqir (3844/NGO), Rajesh Sharma (3837/NGO), Bashir Ahmed Wagay (4103/NGO) were selected and appointed in the original list in the year 1992. The petitioner and some other candidates were denied appointment; however, they had also secured 180 marks. The Hon'ble High Court granted them relief as all the bracketed candidates, who had secured 180 marks, were directed to be appointed into Government services as Sub-Inspector. The petitioner and other bracketed candidates were appointed vide Government order No.

515 dated 30-10-1996. One Sh. Sanmati Gupta was also a candidate for appointment in the year 1992-93. He was appointed in the year 1995 and accordingly under-went basic training alongwith the petitioner in Shar-i-Kashmir Police Academy, Udhampur in the session 1997-98. The said Sanmati Gupta has been treated to be an appointee of 1992 batch and has been promoted as Inspector. The petitioner, it is respectfully submitted, is entitled to s