CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6713/2021 Reserved on: - 02.12.2025 Pronounced on: - 13.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Vijay Ragani, Age 33 years, D/o Sh. Girdhari Lal R/o Adda Sarore, Tehsil & District Samba …Applicant (Advocate: - Mr. R S Jamwal)

Versus

1. State of J&K, Through Principal Secretary to Govt. Power Development Department, Civil Sectt. Jammu/Srinagar.

2. Development Commissioner, Power Development Department, Jammu/Srinagar.

3. Chief Engineer, EM&RE Wing, Jammu.

4. Superintending Engineer, EM&RE Circle, Kathua.

5. Executive Engineer, EM&RE, Division, Vijaypur (Samba).

6. Assistant Executive Engineer, EM&RE, Sub Division, Bari Brahmana.

7. Ravi Kumar Malgotra, S/o Nago Ram Malgotra, R/o Budhi, Kathua.

8. Jagmeet Singh, S/o Rattan Dev Singh, R/o Ward No. 6 Poonch.

9. Vishal Bali, S/o Vinay Kumar Bali, R/o Mohalla Pandita, Haveli Poonch.

…Respondents (Advocate:- Mr. Hunar Gupta, ld. DAG, Mr. Anuj Dewan Raina)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1506/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6713/2021 by the Registry of this Tribunal.

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

a) Issue a writ of declaration declaring section 9 of The Jammu and Kashmir Civil Services (Special Provisions) Act 2010 as ultra-virus.

b) Issue a writ of mandamus commanding the respondents to give effect to the order of regularization w.e.f 16th of Jan 2014 when the when the petitioner completed seven years of service.

c) Issue a writ of mandamus commanding the respondents to to give effect to the order of regularization wef 1st Oct 2014 when the Junior Engineers whose cases were before the empowered committee and were considered in its 43rd meeting.

d) Issue writ of mandamus commanding the respondents to regularize the services of the petitioner w.e.f. 13th Of April 2015, when the empowered committee cleared the candidature of the petitioner for regularization.

e) Any other writ order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.

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

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

1506/2018, which was originally instituted before the Hon’ble High Court of Jammu & Kashmir and, upon constitution of this Tribunal, stood transferred and registered as T.A. No.

6713/2021.

b) The applicant was appointed as Junior Engineer (Electrical) on contractual basis vide Government Order No. 586-DCP of 2007 dated 15.01.2007 under the Jammu and Kashmir Contractual Appointment Rules, 2003, pursuant to a selection process conducted by the competent authority. She was appointed against a clear vacancy and continuously discharged her duties to the satisfaction of the department.

c) Subsequently, the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 came into force, providing for regularization of employees appointed on ad hoc, contractual, or consolidated basis, subject to fulfillment of prescribed conditions, including completion of seven years of continuous service. The applicant completed seven years of contractual service on 16.01.2014 and accordingly submitted an application for regularization through proper channel. The subordinate and controlling officers consistently certified that her work and conduct were satisfactory and forwarded her case to higher authorities for consideration.

d) The record reflects that the applicant’s case was processed at every administrative level and ultimately forwarded to the Empowered Committee through the Power Development Department. However, while several similarly situated Junior Engineers were regularized vide Government Orders dated 01.10.2014 and