Administrative delay cannot defeat retired officers' matured Selection Grade claims based on departmental vacancy recommendations.

CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 5034/2020 & TA 3176/2020 Reserved on: - 19.09.2025 Pronounced on: - 07.04.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. TA/5034/2020

1. Surinder Kumar Trisal, S/o Sh. O. N. Trisal Deputy Conservator of Forests (Retired), R/o 204-Anand Bhawan, Sector-14, Nanak Nagar, Jammu. age 69 yrs;

…Applicant (Advocate: - Mr. Sudershan Sharma)

Versus

1. State of Jammu and Kashmir, through Commissioner/Secretary to Govt. of J&K, GAD Department, Jammu.

2. Commissioner/Secretary to Govt. of J&K, Forest Department, Jammu.’

3. Principal Chief Conservator of Forest, J&K State, Jammu.

…Respondents (Advocate:- Mr. Sudesh Magotra, ld. A.A.G.)

2. TA/3176/2020

1. Brij Raj Singh, S/o Late Sh. Karpal Singh Bhadwal, R/o 585-A, Gandhi Nagar, Jammu, Age 68 Years.

…Applicant (Advocate: - Mr. Sudershan Sharma)

Versus

1. State of Jammu and Kashmir, through Commissioner/Secretarу to Govt. of J&K, GAD Department, Jammu.

2. Commissioner/Secretary to Govt. of J&K, Forest Department, Jammu.

3. Principal Chief Conservator of Forest, J&K State, Jammu.

…Respondents (Advocate:- Mr. Sudesh Magotra, ld. A.A.G.)

ORDER Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.1028/2018 & 1101/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5034/2020 & 3176/2020 respectively by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: - 1. TA/5034/2020 A) It is most humbly prayed that the Hon'ble Court may very kindly issue an appropriate writ, direction or order quashing the Govt. Order No. 104-FST of 2017 dated 27/4/2017 vide which the respondents illegally, malafidely and arbitrarily rejected the case of the petitioner for grant of Selection Grade.

B) A Writ of Mandamus commanding the respondents to accord and confer Selection Grade to the petitioner from the date he became/becomes entitled to that, with all consequential benefits, including the monetary benefits.

2. TA/3176/2020 A) It is most humbly prayed that the Hon'ble Court may very kindly issue an appropriate writ, direction or order quashing the Govt. Order No. 34-FST of 2017 dated 6/3/2017 vide which the respondents illegally, malafidely and arbitrarily rejected the case of the petitioner for grant of Selection Grade.

B) A Writ of Mandamus commanding the respondents to accord and confer Selection Grade to the petitioner from the date he became/becomes entitled to that, with all consequential benefits, including the monetary benefits.

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

a) These two Transfer Applications arise out of writ petitions earlier filed before the Hon’ble High Court of Jammu and Kashmir, which were subsequently transferred to this Tribunal. Both applicants were officers of the Forest Department who retired from the post of Deputy Conservator of Forests (DCF) and claim entitlement to conferment of Selection Grade on the basis of seniority and availability of vacancies.

TA No. 5034/2020 (Surinder Kumar Trisal)

b) The applicant initially entered the cadre of Deputy Conservator of Forests on adhoc basis and was subsequently regularised in the said cadre pursuant to Government Order dated 14.11.2007 with notional effect from 01.01.2002 and regular effect from 08.01.2003. He continued to serve in the department till his retirement on 31.05.2007.

c) According to the applicant, vacancies