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2026 Supreme(Online)(CAT) 3194
CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)
Original Application No. 1121/2020
Reserved on:- 11.11.2025
Pronounced on: - 12.03.2026
HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)
VIKRAM SINGH LANGEH AGE 52 YEARS S/o Sh. Gian Chand Langeh R/o Batehra, Tehsil Bhalwal, District Jammu....Applicant
(By Advocate: - MR. Sumit Moza, Ms. Rozina Afzal)
VERSUS
1. Union Territory of Jammu and Kashmir Through Commissioner Secretary Jal Shakti Department, Government of J & K Civil Secretariat, Jammu/Srinagar 180002
2. Chief Engineer, Jal Shakti (Irrigation & Flood Control)Department, Jammu. 180001
3. Chief Engineer, RTIC Department, Jammu. 180002
4. Superintendent Engineer, Irrigation & Flood Control Department, Jammu. 1800
5. Executive Engineer, No. 1, Irrigation & Flood Control Department, Jammu. 180002
6. Collector Land Acquisition, I&FC Department, Jammu. 180002
7. Sanjeev Kumar S/o Mulkh Raj R/o Marhol Bishnah Teh Bishnah Distt. Jammu 181132
8. Jagdish Raj S/o Prem Nath R/o Lakkar Mandi Janipur, Jammu.180007
9. Surinder Kumar S/o Gittan Dass R/o Dhakar Akhnoor, Distt.Jammu. 181201
10. Mohd Niaz S/o Noor Mohd R/o Chinore, Jammu. 181123
11. Rajinder Singh S/o Bikram Singh R/o Deherian Akhnoor, Distt. Jammu. 181201
12. Jai Paul S/o Amar Nath R/o Bidipur Salaria Tehsil Bishnah Distt. Jammu. 181132
13. Ram Murti S/o Kuldeep Singh R/o H.No. 35, Arnia Bishnah, Distt. Jammu. 181132
14. Ganesh Bushan S/o Romesh Kumar R/o VPO Arnia Bishnah, Distt. Jammu. 181132
15. Jagdish Raj S/o Krishan Lal R/o Bidipur Salaria, Bishnah Distt.Jammu. 81132
16. Mohinder Kumar S/o Dafter Ram R/o Sarore Bishnah, Tehsil Bishnah, Distt. Jammu. 18は2
17. Darshan Lal S/o Sat Paul R/o Majua Uttami, Jammu. 181132
18. Bodh Raj S/o Lal Chand R/o Kangral Sangral Akhnoor, Distt Jammu 181221
19. Ashok Kumar S/o Gian Chand R/o Thandi Choi, Akhnoor, Distt Jammu. 181201
20. Bushan Kumar S/o Girdhari Lal R/o Bhalwal Brahmana, Akhnoor, Distt Jammu. 181201
21. Sohan Lal S/o Mukhtar Chand R/o Gurah Jagir Akhnoor. Distt Jammu. | 81201
22. Balbir Kumar S/o Thakur Dass R/o Sunail Tehsil Akhnoor, Distt Jammu. 181201
23. Suram Chand S/o Kharity Ram R/o Lehar Akhnooг, Distt Jammu. 181201
24. Ganesh Dass S/o Behari Lal R/o Rakh Dhok Akhnoor Distt Jammu. 181201
25. Raju Ram S/o Kunju Ram R/o Naryana Khour, Distt Jammu.181207
26. Surinder Kumar S/o Narayan Dass R/o Chowadhi, Distt Jammu. 180011
27. Kartar Chand S/o Ambu Ram R/o Gurah Jagir Akhnoor, Distt Jammu. 181201
28. Garu Ram S/o Sansar Chand R/o Sunail Tehsil Akhnoor, Distt Jammu. 181201
29. Ved Parkash S/o Bansi Lal R/o VPO Dhok Khalsa, Akhnoor Distt Jammu. 181201
30. Vijay Kumar S/o Bodh Raj R/o Manpur, Tehsil Noushera, Rajouri. 185151
31. Abdul Hamid S/o Mohd. Ramzan, R/o Behrote Tehsil Thana Mandi, Distt. Rajouri. 185151
...Respondents
(By Advocate: - MR. Rajesh Thappa, AAG, Mr. Hunar Gupta, DAG)
(RAM MOHAN JOHRI)
(RAJINDER SINGH DOGRA)
Administrative Member
Judicial Member
/harshit /
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) “In view of the above mentioned facts the applicant prayed that the application may kindly be allowed and the Impugned Final Seniority List issued vide circular no. IFCJ/4784-4815 dated 24-08-2020 issued by respondent no. 2 be quashed further direction to the respondent no.2 to recast the Final Seniority List of Patwaris of I&FC Deptt., Jammu including RTIC Jammu by placing the applicant at serial no. 21 of the said Final Seniority List.
2. The applicant was engaged as a Patwari on contractual basis in the Irrigation and Flood Control Department in the year 2009 vide Government Order No. 227-PW(Hyd) of 2009 dated 02.07.2009. Thereafter, his services came to be regularized vide Government Order No. 81-PW(Hyd) of 2018 dated 22.02.2018, in which his name figured at Serial No. 27 amongst the regularized Patwaris.
3. After regularization of such employees, the department issued a tentative seniority list of Patwaris of I&FC Department, Jammu including RTIC Jammu, in September 2018, wherein the applicant was shown at Serial No. 31. According to the applicant, that list had taken into account the date of initial engagement, the date of regularization and age. Subsequently, another tentative seniority list dated 12.03.2020 came to be issued in which the applicant was shown much lower, namely at Serial No. 49. Feeling aggrieved, the applicant submitted objections asserting that his inter se seniority ought to be determined with reference to his initial contractual appointment dated 02.07.2009 and not merely with reference to regularization. He relied upon the J&K Civil Services (Special Provisions) Act, 2010 and pleaded that many private respondents, though engaged after him, had been shown above him.
4. It is the further case of the applicant that instead of fairly considering his objections, the department proceeded to issue a revised seniority list dated 16.07.2020 and thereafter the final seniority list dated 24.08.2020, wherein the applicant came to be placed at Serial No. 47. According to him, his rightful place should have been much higher in the seniority list and the action of the respondents has prejudicially affected his future promotional prospects to the next higher post of Girdawar. He has, accordingly, challenged the final seniority list and seeks a direction to the respondents to recast the same by giving him proper placement.
5. The challenge is founded mainly on the grounds that the impugned seniority list is contrary to the governing service rules, that the applicant’s objections were not properly dealt with, that his initial contractual service has been ignored without justification, and that juniors have been illegally placed above him in violation of Articles14 and 16 of the Constitution of India.
6. The respondents have contested the Original Application and have pleaded that the same is wholly misconceived and devoid of merit. According to them, no legal, statutory or constitutional right of the applicant has been violated and the final seniority list has been framed strictly in accordance with the rules governing the field.
7. The respondents do not dispute that the applicant was initially engaged on contractual basis on 02.07.2009 and that his services were regularized on 22.02.2018. They also admit that the earlier tentative seniority list of 2018 showed him at Serial No. 31 and that the later tentative list of 12.03.2020 showed him at Serial No. 49. However, their stand is that the final seniority list has not been prepared on the basis of mere initial contractual engagement, but in accordance with the applicable recruitment and seniority rules.
8. The respondents specifically rely upon SRO 180 of 1997, under which the seniority of members of th
