CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 1225/2023 Pronounced on: -12.06.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Khazan Chand Age 65 years S/O Chandu Ram R/O village Sarthian Tehsil Hiranagar District Kathua 184142.

Mob.No.6006863056 .... APPLICANT (By Advocate: - Mr. Mr. Pawan K Kundal)

VERSUS

1. U.T. of J&K Through Secretary to Govt.

Power Development Department, Civil Secretariat, Jammu Pin code 180007

2. Chief Engineer, Electric Maintenance & R.E.Wing, Bhagwati Nagar, Talab Tillo, Jammu-180004.

3. Superintending Engineer, Electric M & R.E Circle Kathua, Hatli Morh, Grid Station Kathua- 184102.

4. Executive Engineer, Electric M & R.E Division Kathua-184102.

5. Asstt Executive Engineer, Electric M& R.E, Sub Division, Hira Nagar, District Kathua-184142.

…Respondents.

(By Advocate: -Mr. Hunar Gupta, D.A.G.)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “For seeking direction to the respondents to release the salary of the applicant with effect from March 2008 till 2018 along with interest.

b) . For seeking direction to the respondents to process the retirement pension case of the applicant and release all retirement benefits and pension since 2018 till date along with interest.

c) Any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case in hand.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant was initially engaged as a daily-rated worker in the Power Development Department on 01.10.1993, pursuant to Order No. 247 of 6/94, and had been serving under Respondent No. 5 since then.

b) Subsequently, the applicant was regularized as a Bill Distributor vide order No. CEJ/DPC/II/77 of 2008 dated 26.03.2008. His name appeared at Serial No. 23 in the regularization list issued by Respondent No. 2 in the pay scale of ₹2550-3200 under SRO 64 of 1994. A copy of the regularization order was enclosed as Annexure A-1.

c) As per the Jammu and Kashmir Power Development (Subordinate) Service Recruitment Rules, 1981, the post of Bill Distributor falls under Class X, Category-A. The prescribed minimum qualification is “Middle” and recruitment is made 100% by promotion from experienced hands within the department when available. The applicant’s departmental experience and performance were accordingly considered for his regularization. The recruitment rules were annexed as Annexure A-2.

d) The applicant had submitted his character certificate issued by the Sarpanch of Panchayat Halqa Kore Punnu, which was enclosed as Annexure A-3.

e) After regularization, the applicant's salary was stopped by the respondents without justification, although he continued discharging his duties diligently. The stoppage of salary was attributed to the alleged non-submission of documents and a dispute regarding educational qualification, as the applicant was illiterate. However, due to a typographical error, his qualification was incorrectly reflected as "Middle Pass." The applicant, in dire financial hardship, made a representation dated 26.05.2012 (Annexure A-4), endorsed by Respondent No.

5, requesting release of salary.

f) Thereafter, vide letter No. KED/2577-79 dated 22.08.2013, Respondent No. 4 forwarded the applicant's case to the Chief Medical Officer, Kathua, for verification of date of birth and authentication through the Medical Board for completing service records (Annexure A-5).

g) A Board of Doctors at GMC, Jammu, issued a certificate dated

23.11.2013 certifying the applicant’s age as approximately 55 years (Annexure A-6). Based on this, Respondent No. 4 recommended relaxation of age and qualification in favour of the applicant to enable processing of salary and pension (Annex