CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 7727/2021 Reserved on: - 07.04.2025 Pronounced on: - 12.06.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1.Karam Chand, (Age 48 years)

S/o Shri Rasila Ram, I/C Executive Engineer, M&RE Division, Kathua.

2. Habib Chaudhary, age 47 years, S/o Shri Fateh Mohammad, I/C Executive Engineer, J&K P.D.C, Gandharbal, Srinagar (Kashmir)

3. Y.P.Bhagat, age 53 years S/o Shri Piyaru Ram, I/C Executive Engineer, Technical Officer with Chief Engineer, M&RE Wing, Jammu.

…Petitioners (By Advocate: - Mr. C.S. Azad)

VERSUS

1. State of Jammu and Kashmir, Through Principal Secretary to Govt., Power Development Department, J&K Govt., Civil Secretariat, Jammu.

2. Tajamal Hussain, Incharge Executive Engineer, Power Development Department, Jammu.

3.Abdul Qayoom Sofi, Incharge Executive Engineer, Power Development Department, Respondents 2 & 3 Through Commissioner-cum-Secretary to Govt., Power Development Department, J&K Govt., Civil Secretariat, Jammu.

…Respondents (By Advocate: - Mr. Hunar Gupta, DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2923/2013 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/7727/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “a writ of mandamus directing the Respondent/State to make regularization to the post of Assistant Executive Engineer and Executive Engineer in accordance with the rules and also fix the seniority of the Petitioner in the cadre of the said posts of Assistant Executive Engineer and Executive Engineer strictly in accordance with the Jammu & Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 against the quota posts reserved for the scheduled caste category and pending such regularization the Respondent;./State may kindly be directed to give place to the Petitioner as Incharge Superintending Engineer keeping in view his placement as Incharge Executive Engineer;

b) writ of prohibition prohibiting the Respondent No.1 from giving placement to the Respondents No. 2 & 3 as Incharge -

Superintending Engineer prior to the Petitioners.

AND/OR c) Any other additional or alternate reliefs as this Hon'ble Court deem just and proper in the facts and circumstances of the case may also be issued.”

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

a) The Petitioners No. 1 and 2 were appointed as Junior Engineers in the Power Development Department, Government of Jammu and Kashmir, in the year 1993 under Government Order No. 56-PDD of 1993 dated 30.03.1993, in the category of Degree Holder Engineer. Petitioner No. 3 was appointed earlier in 1988 under Government Order No. 67-PDD of 1988 dated 16.03.1988 in the same category, as all petitioners hold Bachelor’s Degrees in Electrical Engineering.

b) Petitioners No. 1 and 2 belong to the Scheduled Tribe category, and Petitioner No. 3 belongs to the Scheduled Caste category. All became entitled to the benefit of reservation in promotion to the post of Assistant Engineer under the Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978, which provides for promotion of Junior Engineers with three years’ service. Petitioners thus became eligible for promotion to Assistant Engineer in the years 1996 (Petitioners No. 1 and 2) and 1991 (Petitioner No. 3). At the relevant time, reserved category posts were available but the respondents failed to promote the petitioners accordingly. Government Order No. 400-PDD of 2001 dated 04.10.2001 retrospectively regularized the services of the petitioners as Assistant Engineers w.e.f.

01.12.1996.

c) Petitioner No. 3 claims he was entitled to promotion in 1991 when he became eligible and posts were available in the Scheduled Caste category but was denied due considerati