CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 606/2022 Reserved on: - 10.09.2025 Pronounced on: - 19.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Raman Gupta; age: 47 years S/o Sh. Bodh Raj Gupta R/o H.No.181 Sector-2 Phase-II JDA Housing Colony Rajinder Nagar, Ban Talab, Jammu.

…Applicant (Advocate: - Mr. Rahul Pant, Sr. Advocate)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary to Government General Administration Department Jammu and Kashmir Government Civil Secretariat, Srinagar.

2. Commissioner/Secretary to Government Forest Department Jammu and Kashmir Government Civil Secretariat, Srinagar

3. Secretary to Government Information Technology Department Jammu and Kashmir Government Civil Secretariat, Srinagar

4. Director Forest Protection Force, J&K Jammu …Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1415/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.606/2022 by the Registry of this Tribunal.

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

a) “ Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to upgrade the post of Computer Operator in the Forest Protection Force/Technical Officer in the Information Technology Department to the Pay Band of 9300- 34800 with Grade Pay 4800 retrospectively and on the same analogy as was done in favour of Programmers serving in the Finance Department vide Government Order No. 176-F of

2006 dated: 12th June, 2006;

b) Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to re-designate the petitioner in the Pay Band of 9300-34800 with Grade Pay 4800 against any appropriate post and fix the seniority of the petitioner accordingly, retrospectively w.e.f. the date the Programmers in the Finance Department were upgraded vide Government Order No. 176-F of 2006 dated: 12th June, 2006;

c) Writ, order of direction in the nature of Writ of Certiorari quashing the Government Order No.1094-GAD of 2016 dated 14th October, 2016 whereby the post of Computer Operator in the Forest Protection Force has been re-designated as EDP Supervisor in the Pay Band of 9300-34800 with Grade Pay

4300;

Or in the alternative d) Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to re-designate the petitioner in the Pay Band of 9300-34800 with Grade Pay of Rs. 4600 e) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with cost.

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

a) The applicant, Raman Gupta, was initially appointed in the year

1997 as a Computer Operator in the Forest Protection Force (FPF), Jammu and Kashmir, pursuant to a selection conducted by the J&K Services Selection Board under Advertisement Notice No. 03 of 1996. The Forest Protection Force had been constituted in the backdrop of large-scale forest degradation during the militancy period, with a view to create a specialized, technically equipped force for protection of forest resources. The applicant was appointed in the then pay scale of Rs. 2000– 3200 (pre-revised), which was subsequently revised to Rs.

6500–10500 and later placed in Pay Band Rs. 9300–34800 with Grade Pay Rs. 4280.

b) The applicant possesses a Bachelor’s Degree in Engineering (Computer Science) and has also undergone various computer- related training programmes. During the course of service, he was granted first in-situ promotion placing him in Grade Pay Rs. 4300 and thereafter second in-situ promotion vide Order No. 66-DFPF of 2016 dated 29.01.2016, whereby his Grade Pay was enhanced to Rs. 460