CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 43/2023 & 42/2023 Reserved on: - 25.09.2025 Pronounced on: - 19.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. TA/43/2023

1. Balbir Singh, age 44 years S/o Sh. Ami Chand R/o Vill. Karalian, Tehsil & Distt. Kathua.

…Petitioner (Advocate: - Mr. Rohit Verma)

Versus

1. STATE OF J & K through the Director General, Jammu &

Kashmir Police, Gulshan Grounds, Jammu.

2. THE INSPECTOR GENERAL OF POLICE, Jammu Zone, Jammu.

3. SENIOR SUPREINTENDENT OF POLICE, Jammu.

4. STATION HOUSE OFFICER, Police Station, Channi Himmat, Jammu.

…Respondents (Advocate:- Mr. Rajesh Thapa, ld. AAG)

2. TA/42/2023

1. Balbir Singh, age 44 years S/o Sh. Ami Chand R/o Vill. Karalian, Tehsil & Distt. Kathua.

…Petitioner (Advocate: - Mr. Rohit Verma)

Versus

1. STATE OF J & K through the Director General, Jammu &

Kashmir Police, Gulshan Grounds, Jammu.

2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, Armed, J&K, Jammu.

3. INSPECTOR GENERAL OF POLICE, Armed Police/IR Range, Jammu.

4. COMMANDANT, 10th Battalion, APHO, Jammu.

…Respondents (Advocate:- Mr. Rajesh Thapa, ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.390/2018 & 650/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.43/2023 & 42/2023 respectively by the Registry of this Tribunal.

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

1. TA/43/2023 “ i. CERTIORARI thereby quashing the order no. 950 of 2018 dated 24th of Feb. 2018 and order no. OSI/Rlv./18/10950-61 dated

27th of Feb. 2018 as the same have been passed without any justification in law and the same being made in a manner that is illegal, arbitrary and malafides.

ii. Any other writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.

2. TA/42/2023 “i. CERTIORARI thereby quashing the order no. 208 of 2018 dated 23rd of March 2018 as the same has been passed without any justification in law and in a manner that is illegal, arbitrary and malafides.

ii. MANDAMUS thereby commanding respondents to allow petitioner to serve in the Executive branch of J&K Police as he is borne in the Executive cadre of J&K Police since his appointment as a constable.

iii. Any other writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.

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

a) The petitioner, Balbir Singh, was initially appointed as a Follower (Water Carrier) in the J&K Armed Police vide Battalion Headquarters Order dated 13.12.1995 and was posted at PTS Kathua. His service in the Armed Wing commenced from the said date and he was allotted PID No. ARP-956488, reflecting his cadre position in the Armed Police.

b) Subsequently, upon recommendations made by the Principal, PTS Kathua vide communication dated 30.06.2000 regarding fitness of certain followers for conversion, the petitioner along with other similarly situated officials was converted as Constable in terms of PHQ Order No. 3522 of 2000 dated 23.10.2000. Consequent upon such conversion, he was adjusted in Jammu Zone vide Order No. 571 of 2000 dated 01.12.2000 and joined in District Jammu on 19.12.2000 for further duties.

Thereafter, he also underwent requisite training at PTS Manigam in terms of Order No. 24 of 2002 dated 20.02.2002.

c) The petitioner continued to serve in the Executive Police in Jammu Zone for a considerable period. However, an issue arose in relation to his promotion to the rank of Selection Grade Constable. It came to the notice of the authorities that though the petitioner was functioning in Executive Police, his PID number remained that of Armed Police and his lien and seniority continued to be reflected in the Armed Zone. On scrutiny of his service record and character rol