CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Original Application Nos. 360/2024 & 1653/2023 Reserved on: - 03.07.2025 Pronounced on: - 23.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. OA 360/2024 Himanshu Bakshi Age 40 years S/o Harish Kumar Bakshi R/o JMC H.No. 85, Wazir Lane Talab Till Bohri, Jammu-180002.

...Applicant (By Advocate: - Mr. Abhinav Sharma, Sr. Adv)

VERSUS

1. Union Territory of J&K Through Commissioner/ Secretary to Govt.

Department of Skill Development Civil Secretariat, Jammu-180001

2. Director, Skill Development, J&K-180001

3. J&K Public Service Commission Resham Ghar Colony, Bakshi Nagar, Jammu-180001 Official Respondents

4. Devika Bhardwaj

5. Arun Singh

6. Ankush Langer Private respondent nos. 4 to 6 C/o Commissioner/ Secretary to Govt.

Department of Skill Development Civil Secretariat, Jammu-180001 …Respondents.

(By Advocate: - Mr. Rajesh Thappa, ld. A.A.G., Mr. G.A. Bhatt)

2. OA 1653/2023 Himanshu Bakshi Age 40 years S/o Harish Kumar Bakshi R/o JMC H.No. 85, Wazir Lane Talab Till Bohri, Jammu-180002.

...Applicant (By Advocate: - Mr. Abhinav Sharma, Sr. Adv)

VERSUS

1. Union Territory of J&K Through Commissioner/ Secretary to Govt.

Department of Skill Development Civil Secretariat, Jammu-180001

2. Director, Skill Development, J&K-180001

3. J&K Public Service Commission Resham Ghar Colony, Bakshi Nagar, Jammu-180001 Official Respondents

4. Davood Ali

5. Farooq Ahmad Bhat Private respondent no. 4 & 5 Private respondent nos. 4 to 5 C/o Commissioner/ Secretary to Govt.

Department of Skill Development Civil Secretariat, Jammu-180001 …Respondents.

(By Advocate: - Mr. Rajesh Thappa, ld. A.A.G., Mr. G.A. Bhatt)

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: -

OA 360/2024 a) allow the instant Original Application;

b) quash the impugned Govt. Order No. 14-JK(DSD) of 2024 dated 16.03.2024 issued by respondent no. 1, whereby and whereunder private respondent nos. 4 to 6 have been promoted as Lecturers-I (Electrical Engineering) over and above the head of the applicant, who is much senior to the private respondents as Demonstrator (Electrical Engineering);

c) ANY other order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case;

OA 1653/2023 a) Allow the instant Original Application.

b) quash the impugned Govt. Order No. 117-JK(DSD) of 2023 dated 11.12.2023 issued by respondent no. 1, to the extent, the applicant has been denied his due promotion as Lecturer-I (Electrical) despite his eligibility under the Recruitment Rules of 2002, whereas private respondent no. 4 & 5, who are juniors to the applicant as Demonstrator, have been granted the benefit of such promotion;

c) direct the respondents to promote the applicant as Lecturer-I (Electrical) w.e.f. 30.03.2023 i.e. the date on which the applicant acquired eligibility for such promotion, in terms of the J&K Technical Education (Gazetted) Service Recruitment Rules, 2002 read with Communications dated 24.03.2023 and

07.07.2023 addressed by respondent no. 2;

d) direct the respondents to release all the consequential benefits in favour of the applicant, which accrue to the applicant consequent upon promotion of the applicant as Lecturer-I (Electrical) w.e.f. 30.03.2023;

e) ANY other order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case;

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

a) Since both Original Applications arise out of the same service dispute relating to promotion to the post of Lecturer-I (Electrical Engineering) from the cadre of Demonstrator (Electrical Engineering) under the J&K Technical Education Department, the facts are being consolidated and stated chronologically for the purpose of common adjudica