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2026 Supreme(Online)(CAT) 2033

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Surinder Kumar Malla – Appellant
Versus
Sher-e-Kashmir University of Shalimar Campus, Srinagar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. A.K. Sawhney, Sr. Counsel, Mr. Kashif Mallik
For the Respondents: Mr. Anuj Dewan Raina

Table of Content
1. transfer and reliefs sought for promotion regularization. (Para 1 , 2)
2. petitioner's service history, migration, stop-gap postings. (Para 3 , 7 , 8 , 9 , 10)
3. respondents deny on acc exam, seniority, maintainability. (Para 4 , 11)
4. issues framed; writ jurisdiction against arbitrariness. (Para 12 , 13 , 14)
5. acc exam not absolute bar given conduct inconsistencies. (Para 15 , 16 , 17 , 18 , 19)
6. differential treatment arbitrary; pension right protected. (Para 20 , 21 , 22)
7. notional promotion for pension; arrears limited. (Para 23 , 24 , 25 , 26)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.545/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.140/2024 by the Registry of this Tribunal.

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

a) “ A writ of mandamus issued directing the respondent to regularizing the promotion to the rank of Assistant Comptroller from the due date i.e 5th of May 1995, when the petitioner completed five years service after conferment of grade of senior scale Accountant and further granting senior scale w.e.f. 5th of May 2002,

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