CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 163/2024 Reserved on: - 10.11.2025 Pronounced on: - 18.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Dr. Rahul Gupta Age 41 years S/o Sh. Nanak Chand Gupta, R/o H.No.

26, Ward no. 1, Tehsil R.S.Pura District Jammu.

…Applicant (Advocate: - Mr. Abhinav Sharma, ld. sr. adv.)

Versus

1. Sher-e-Kashmir University of Agricultural, Science & Technology (SKUAST-J), Jammu

2.. Registrar, SKUAST, Jammu

3. Director Research SKUAST-J Main campus Chatha, Jammu.

4. Parshotam Kumar, S/o Sh. Darbari Lal, R/o Patyari, Tehsil Hira Nagar, District Kathua.

5. Sunny Raina, S/o Sh. Mohan Lal Raina, R/o H.No. 76/1, Sector 3, Lane 1A, Lower Roop Nagar, Jammu.

…Respondents (Advocate:- Mr. Anil Khajuria)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1832/2021 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.163/2024 by the Registry of this Tribunal.

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

It is, therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to (a) allow the present writ petition;

(b) directing the respondents to remove the pay anomaly in pay scale of the petitioner by granting the pay band of 9300-34800 +G.P Rs. 4200/- w.e.f the date of appointment of the petitioner with all consequential benefits and thereafter, place the petitioner in the pay band of 15600-39100 with Grade Pay 6000/- as had been done in the case of similar circumstanced profroma respondent no. 3 & 4 with effect from the date, the petitioner became eligible for the same; And this in terms of the CAS Scheme of the SKUAST Jammu and on the analogy of proforma respondents;

(c) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case;

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

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

1832/2021, which stood transferred from the Hon’ble High Court of Jammu & Kashmir and was registered as T.A. No. 163/2024 before this Tribunal. The applicant seeks removal of an alleged pay anomaly and claims parity in pay scale and Career Advancement benefits with certain similarly placed employees of Sher-e-Kashmir University of Agricultural Sciences and Technology, Jammu (SKUAST-J).

b) The applicant was appointed as Technical Assistant (T-3) vide University Order No. 63 (Est.) of 2011 dated 23.09.2011 pursuant to Notification No. 05 (Est.) of 2010 dated 27.08.2010. The post carried a pay band of Rs. 5200-20200 with Grade Pay Rs. 2400, which was clearly specified in the advertisement. The applicant applied with full knowledge of the nature of the post, its classification, and the pay structure, accepted the offer of appointment, and joined service on

30.09.2011 without protest.

c) The applicant asserts that despite possessing post-graduate and Ph.D. qualifications, he ought to have been placed in the higher pay band of Rs. 9300-34800 with Grade Pay Rs. 4200, as allegedly mandated by ICAR guidelines and as granted to certain other employees, namely Parshotam Kumar and Sunny Raina (described as proforma respondents). It is contended that the said individuals were appointed as Technical Assistants and were granted higher pay scales, thereby creating a discriminatory situation.

d) The applicant further relies upon the Career Advancement Scheme (CAS) notified vide University Notification dated 23.03.1994 and its subsequent amendments, particularly Notification No. 10 of 2012 dated 19.09.2012 and the resolutions adopted by the University Council of SKUAST- Kashmir in its 30th meeting held on 17.10.2016, which were later extended, mutatis mutandis, to SKUAST-Jammu employees. It is claimed that these resolutions entitled eligible Technical Assistants appointed