-CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application No. 700/2024 Reserved on:- 10.12.2025 Pronounced on: - 20.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kamal Kumar Sharma, Age 54 years S/o Sh. Dharam Chand Sharma R/o Swaran Vihar, Police Colony, Jammu – 181205.

...APPLICANT (By Advocate: Mr. Vikram Rathore)

VERSUS l . U.T of J&K through Commissioner / Secretary, Planning &

Monitoring Department, Civil Secretariat, Jammu — 180001

2. Principal Secretary, Finance Department, Civil Secretariat, Jammu — 1 80001.

3. Chairman, J&K Public Service Commission, Jammu 180001

4. Ashiq Hussain Butt, Joint Director, Evaluation, Directorate of Economics & Statistics, J&K, Jammu — 180007

5. Subash Chander, Joint Director Planning, Development &

Monitoring Department, Civil Secretariat, J&K, Jammu 180001

6. Mohd. Iqbal, Joint Director, Chief Planning Officer Kishtwar 182204

7. Joginder Katoch, Joint Director Housing & Urban Development Department, J&K, Jammu — 180001.

8. Mohd, Yasin Lone, Joint Director, Chief Planning Officer, Srinagar 180001.

9. Sunita Kanchan, Joint Director, Chief Planning Officer Erase-

182311.

10. Kasturi Lal, Joint Director, Chief Planning Officer, Samba

184121.

11. Shama-Un-Ahmad9 Joint Director, Tribal Affairs Department, Civil Secretariat, Jammu — 180001.

12.Abdul Khaliq, Joint Director Planning, Development &

Monitoring Department, J&K, Jammu — 180001.

...RESPONDENTS (By Advocate: Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, DAG)

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) Allow the instant original application;

b) Quash the order dated 20-03-2024 having reference no. PDMD-

Lgl/10/2024,Where by the respondent no.1 has rejected the claim of the applicant herein without adhering the mandate laid down by the Hon'ble Supreme Court in case “Manoj Parihaar and Ors Versus State of Jammu and Kashmir and Ors”, in 7 the light of Rule 24 of J&K CCA Rules, 1956, c) Quash the order dated 13-09-2021 having reference no.

FD/HRM0Ens/11/2021, whereby the representation of the applicant challenging the Tentative Seniority list of (23) Assistant Directors borne on J&K Economics and Statistics (Gazetted) service as on 01-08-2012 was rejected by respondent no. 2.

d) Quash the tentative seniority list issued by the respondent no. 1 on dated 06-09-2012 having reference no. PD/HRM/44/2012, wherein the name of the applicant was shown as most junior than that of the private respondents despite being more meritorious.

e) Quash the final seniority list issued by the respondent no.1 vide Government Order no. 203-PD of 2016 dated 25-04-2016, wherein again the applicant’s seniority was shown as most junior than that of the private respondents.

f) Direct the respondents to re-fix the seniority of the applicant after comparing the merits with those of private respondents mentioned in the selection list VV issued by the respondent no.3 and also in accordance with the rule 24 of J&K CCA Rules, 1956, and especially in view of the law laid down by the Hon'ble: p NE Supreme Court in case titled Manoj Parihar and Ors vs State of J&K and Ors.

g) Direct the respondents to extend the promotional along- with other consequential benefits including monetary benefits to the applicant, after re fixation of seniority on the basis of merit in terms of Rule 24 J&K CCA Rules 1956, w.e.f 2012, h) Prayer for the grant of any other interim or final relief as may be deemed appropriate in the facts and circumstances of the case in favour of the applicant.

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

a) The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985, challenging the rejection of his claim for re-fixation of seniority in the