CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 180/2023 Reserved on: - 29.07.2025 Pronounced on: -18.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Anita Devi, Age 39 years, W/o Sh. Milkhi Ram, R/o Bani, Tehsil Basohli.

....…Applicant (Advocate: - Mr. Rohit Kohli)

Versus

1/ STATE OF JAMMU AND KASHMIR THROUGH COMMISSIONER CUM SECRETARY, SOCIAL WELFARE DEPT., CIVIL SECT., SRINAGAR.

2. DIRECTOR SOCIAL WELFARE DEPT., JAMMU..

3. PROGRAMME OFFICER, ICDS, PROJECT DISTRICT, KATHUA.

4. SMT. SURIYA BANO W/O MOHD. SALEEM R/O GHOLAD, TEHSIL MANDHAR DISTRICT POONCH. AT PRESENT SUPERVISOR, ICDS CENTRE, BANI, TEHSIL BASOHLI.

... RESPONDENTS (Advocate:- Mr. Sudesh Magotra, ld. A.A.G., Mr. Rajesh Thapa, ld.

A.A.G, Mr. Hunar Gupta, DAG.)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 1057/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.180/2023 by the Registry of this Tribunal.

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

a) IT IS, THEREFORE, MOST HUMBLY PRAYED THAT WRIT OF CERTIORARY QUASHING THE ORDER ISSUED RESPONDENT NO.2 VIDE ITS OFFICE NO. 481/DSWJ DATED A BY OF 2006 4.1.2006 PROMOTING RESPONDENT NO.4 AS SUPERVISOR ICDS CENTRE BANI TEHSIL BASOHLI IN THE CATEGORY OF SCHEDULE TRIBES.

b) AND A THE WRIT OF MANDAMUS COMMANDING RESPONDENT NO. 2 TO PROMOTE THE PETITIONER AS SUPERVISOR IN PLACE OF RESPONDENT NO.4 BE ISSUED AGAINST THE RESPONDENTS.

c) THE ANY OTHER WRIT, ORDER OR DIRECTION HON'BLE COURT DEEM FIT IN THE CIRCUMSTANCES OF THE CASE" BE ALSO ISSUED AGAINST THE RESPONDENTS WITH COST OF THE PETITION.

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

a) The petitioner is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. She passed her Matriculation examination in the year 1983 from the Jammu and Kashmir State Board of School Education and came to be appointed as an Anganwari Worker in the year 1988 by the Child Development Officer, Bani, vide Order No. 216 dated 23.12.1988. Since her appointment, the petitioner has been discharging her duties as Anganwari Worker to the satisfaction of her superiors and has continued in service without any adverse record.

b) It is the case of the petitioner that she belongs to Gaddi community, which has been declared as a Scheduled Tribe vide SRO No. 126 dated 28.06.1994 issued by the Government. Pursuant thereto, she was issued a Scheduled Tribe certificate by the Tehsildar, Basholi, vide No. BCG/177 dated 05.01.1994.

The petitioner asserts that she has been serving in Block Bani, Tehsil Basholi, District Kathua and is the senior-most Anganwari Worker in the Scheduled Tribe category in the said block.

c) The controversy in the present matter relates to the promotion to the post of Supervisor in ICDS Centre, Bani, which is a District Cadre post. The petitioner states that one post of Supervisor was reserved for Scheduled Tribe candidates. According to her, being the senior-most eligible Scheduled Tribe Anganwari Worker in Block Bani, she was entitled to be considered for promotion against the said reserved post.

d) However, respondent No. 4, who was also working as an Anganwari Worker in the General Category in Tehsil Basholi and was originally resident of Basholi, was promoted as Supervisor against the post reserved for Scheduled Tribe candidates. It is alleged that respondent No. 4 had married one Mohd. Saleem Gujjar, resident of Gholad, Tehsil Mendhar, District Poonch, and on the basis of such marriage obtained a Scheduled Tribe certificate from the Tehsildar, Mendhar, vide No. BCG/177 dated 05.11.1994, as Gujjar community had been declared as Scheduled Tribe.

e) The petitioner further pleads that respondent No. 4 was subsequently divorced by Mohd. Saleem Gujjar and later remarried a person namely Hayder, res