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2026 Supreme(Online)(CAT) 4580

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Bansi Lal – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
For the Appellants/Petitioners: Mr. O.P. Thakur
For the Respondents: Mr. Rajesh Thapa, ld. AAG

Table of Content
1. background of transfer and reliefs sought. (Para 1 , 2 , 3 , 4)
2. parties' contentions on retrospective benefits. (Para 5 , 10 , 11)
3. facts and established selection illegality. (Para 6 , 7 , 8 , 9 , 12)
4. notional benefits due to employer fault. (Para 13 , 14 , 15 , 16 , 17 , 18)
5. directions for notional appointment and compliance. (Para 19 , 20 , 21)

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.1235/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1446/2020 by the Registry of this Tribunal.

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

a) “To treat the appointment of the petitioner w.e.f. 1-2-2002 or the date the other selected candidates were appointed in pursuance to the advertisement notice No. 03/1997 dated 29-4- 1997 by modifying the order bearing No. 104- EDA of 2017 dated 12-6-2017 by virtue of which the petitioner has been actually appointed, with all consequential benefits i.e. seniority, arrears of pay/salary, promotions etc.

b) To place the petitioner under the old pension scheme instead of the new pension scheme and pay him all retir

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