CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 756/2021 Reserved on: - 20.08.2025 Pronounced on: - 20.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Dhina Chand Sharma, Age 58 years, S/o Sh. Mangoo Ram, R/o Ghordi Khas Tehsil Ramnagar District Udhampur.

…Petitioner (Advocate: - Mr. Abhirash Sharma)

Versus

1. State of J&K through Commissioner/Secretary, Education Department, J&K Govt. Civil Secretariat, Jammu/Srinagar.

2. Director, Directorate of School Education, Jammu.

…Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2012/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.756/2021 by the Registry of this Tribunal.

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

a) “Certiorari quashing the Govt. order no. 129-Edu of 2011 dated 24-02-2011 qua the petitioner whereby, the RBA category of the petitioner has not been considered while drawing the said promotion list therefore, the said promotion list is perverse, arbitrary and discriminatory to the extent of the Petitioner.

b) Mandamus, commanding and directing the respondents to considering the RBA category of the Petitioner draw the fresh seniority list and placed the Petitioner at its appropriate place among the candidates having RBA category and forthwith grant all the service benefits with the retrospective effect.

c) Further Directing the respondents to consider the case of the Petitioner in the analogy of Amir Chand S/o Sh. Chaino Ram who is junior to the Petitioner and got promotion in the year 1999 and another contemporary/similar situated person namely Mrs. Shahnaz Chowdhary W/o Ab. Nasir has got two subsequent promotion vide Govt. order no. 136-Edu of 2005 dated 16-03-2005 and Govt. Order no. 47-Edu of 2009 dated 19-01-2009 and grant the promotion to Petitioner retrospectively effect with all service benefits.

d) 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 has arisen out of SWP No.

2012/2017, which was originally filed by the applicant before the Hon’ble High Court of Jammu and Kashmir at Jammu and subsequently transferred to this Tribunal and registered as T.A. No. 756/2021. The applicant has approached this Tribunal seeking redressal of his grievance relating to alleged non- consideration of his reserved category status while granting promotional benefits, resulting in denial of seniority and retrospective promotions, despite juniors and contemporaries having been extended such benefits.

b) The applicant, namely Dhina Chand Sharma, is a citizen of India and a permanent resident of the erstwhile State of Jammu and Kashmir. He was initially appointed as a Teacher on 17.03.1987 through the Service Selection Board vide order dated 09.03.1987. During the course of his service as a Teacher, the applicant applied through proper channel for appointment to the post of Lecturer (Hindi) pursuant to a selection conducted by the Jammu and Kashmir Public Service Commission.

c) Consequently, the applicant came to be selected and appointed as Lecturer (Hindi) under the RBA category vide Government Order dated 24.10.1997, based on the selection list issued by the Public Service Commission dated 27.07.1997, wherein his name figured at Serial No. 6 under the RBA category. The applicant asserts that one Amir Chand, belonging to the Scheduled Caste category, who was shown in the waiting list of the same selection, came to be appointed later on 24.09.1998 and was, therefore, junior to the applicant in service.

d) It is further pleaded that despite being senior, the applicant was ignored when promotions to the post of Senior