CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2352/2020 Reserved on: - 31.12.2025 Pronounced on: - 16.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Fateh Mohd, Aged 63 years S/o Sh. Rustam Naik R/o Dhandal, Tehsil and District Doda.

…Applicant (Advocate: - Mr. Mohd. Ahsan Khanhji)

Versus

1. THE STATE OF JAMMU AND KASHMIR Through Commissioner/Secretary to Govt. of J&K, Animal Husbandry, Civil Secretariat, Srinagar. 2. Director, Animal Husbandry, Jammu

3.Chief Animal Husbandry Officer, Doda.

.....Respondents (Advocate: - Mr. Rajesh Thappa, ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 2947/2014 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.

2352/2020 by the Registry of this Tribunal.

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

“It is, therefore, most respectfully prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon'ble Court may very kindly be pleased to issue an appropriate writ, direction or order including the nature of: -

MANDAMUS:-

Commanding upon the respondents to give the effect of promotion from 03-12-1988 from Attendant to Veterinary Pharmacist Stock Assistant to the petitioner, with all consequential benefits of increase of salary and increment and the benefit of 6th Pay Commission further increasing his pension, as has been provided to similarly situated or junior to the petitioner.

Prayer for the grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.

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

a) The present Transfer Application arises out of SWP No.

2947/2014, originally instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu and subsequently transferred to this Tribunal and registered as T.A. No. 2352/2020.

b) The applicant, Fateh Mohd, was initially appointed as an Attendant in the Animal Husbandry Department on 15.05.1982 by Order No. DAH/SLD/17/399-400. It is the specific case of the applicant that several other Attendants, including Mohd. Sharief Bhat and Suresh Kumar, were appointed on the same date, but the applicant was senior to them in age, his date of birth being 22.03.1952, whereas the dates of birth of the said officials were later.

c) It is pleaded that despite being senior, the applicant was ignored when promotions were effected to the post of Veterinary Pharmacist/Stock Assistant, and Mohd. Sharief Bhat and Suresh Kumar were promoted on 03.12.1988. The applicant further asserts that several other officials, appointed much later than him, were also promoted during the years 1998 and 2001, while he continued to be overlooked.

d) According to the applicant, repeated representations were made to the departmental authorities seeking promotion from the due date, but no action was taken. It is further alleged that the applicant was discouraged and threatened by the local authorities from pursuing his grievance. Ultimately, the applicant was promoted as Veterinary Pharmacist/Stock Assistant only on 23.03.2005, long after his juniors had already been granted such benefit.

e) The applicant retired from service on 31.03.2010. Even after retirement, representations and a legal notice were issued requesting grant of retrospective promotion with consequential benefits, including refixation of pay and pension in terms of the 6^th Pay Commission. As no relief was granted, the applicant approached the High Court seeking a writ of mandamus for grant of promotion w.e.f. 03.12.1988, the date on which his juniors were promoted.

3. The respondents have filed their reply statement wherein they have averred as follows: -

a) At the outset, the respondents contended that no legal, fundamental, or statutory right of the applicant has