CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 34/2023 Reserved on: - 16.07.2025 Pronounced on: - 27.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Mohd. Shafi Rashoo Age 51 years S/o Gh. Mohd. Rashoo R/o Mohalla Saha, P.O. Doda City, Tehsil and District Doda.

2. Kuldeep Kumar Badyal Age 52 years S/o Sh. Shiv Ram R/o H. No.

F-656, Sarwal Colony, Jammu.

3. Om Parkash Katoch Age 53 years S/o Sh. Bodh Raj R/o Khellani, P.O. Khellani, Tehsil and District Doda.

…Applicants (Advocate: - Mr. Abhinav Sharma, Ld. Sr. Advocate)

Versus

1. State of J&K Through Commissioner/Secretary to Govt. of J&K School Education Department, Civil Secretariat, Jammu.

2. Director School Education, Jammu. 3. Sunita Sharma alias Sunita Kumari Head of the Department District Institute of Education and Training (DIET) Kishtwar.

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

AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC/310/15 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.34/2023 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 this Hon'ble Court may kindly be pleased to: -

(a) allow the present writ petition;

(b) quash Govt. Order No. 846-Edu of 2012 dated 16.11.2012, to the extent, the petitioners have been regularized as Lecturer Commerce w.e.f. 10.03.1993 instead of 29.08.1991, the date, w.e.f. which, the private respondent was regularized, as such, even when junior to the petitioners; with further direction to regularize the petitioners as Lecturer Commerce w.e.f.

29.08.1991;

(c) command and direct the respondents to regularize the petitioners as Lecturer Commerce, on notional basis, w.e.f. 29.08.1991 i.e. from the date, the private respondent has been so regularized on notional basis as Lecturer Commerce;

(d) command and direct the official respondents to promote the petitioner as Senior Lecturer w.e.f. 16.03.2005 i.e. the date, the private respondent was so promoted and place the petitioners at appropriate place in the Seniority List of Senior Lecturer Education Department;

(e) command and direct the official respondents to release the consequential benefits in favour of the petitioner including the benefit of further promotion as Principal and other benefits from the time to time, with effect from the date private respondent has been given such benefits;

(f) Any other writ, command, order or direction, which this Hon'ble Court may consider just and fair in the facts and circumstances of the case

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

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

310/2015 filed before the Hon’ble High Court of Jammu & Kashmir at Jammu, which upon transfer has been registered as T.A. No. 34/2023.

b) The applicants were appointed as Teachers in the School Education Department on different dates, namely:

• Applicant No. 2 on 03.06.1982, • Applicant Nos. 1 and 3 on 05.10.1984.

c) All the applicants subsequently acquired Post-Graduate qualification in Commerce prior to or around 1989, thereby rendering themselves eligible for consideration to the post of Lecturer (Commerce). The private respondent, however, was appointed later on 20.04.1987 and acquired her M.Com degree in the year 1989.

d) It is the case of the applicants that despite being senior in service and eligible earlier, they were overlooked when certain female teachers, including the private respondent, were promoted as Incharge Lecturers in Commerce. Vide Government Order No. 684-Edu of 2000 dated 29.06.2000, the private respondent was granted notional regularization as Lecturer (Commerce) w.e.f. 29.08.1991 and regular promotion w.e.f. 10.03.1993.

e) The grievance of the applicants is rooted in the