Central Administrative Tribunal - Jammu
Sanjay Manhas vs University Of Jammu on 3 February, 2026
:: 1 :: TA 155/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 155/2024
Reserved on: - 15.09.2025
Pronounced on: - 03.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Sanjay Manhas age 43 years, S/o, Sh K.L. Manhas R/o H.No. 1035
E.P Mast Garh Jammu
2. Vinod Kumar Parihar, age 38 years Sto Sh. Lok Raj Parihar. R/o
112-B Basant Nagar Janipur
3. Narender Chand age 35 S/o Sh Krishan chand R/o H.No. 434
Sector 2 Vinayak Nagar Muthi Jammu
4. Nidhi Vaid age 36 years D/o Sh K.K. Vaid R/o Quarter No. 96
Resham Ghar Colony Jammu
5. Bikram Magotra age 40 years S/o Sh T.R. Magotra R/o Karan Vihar,
Upper Thather Bantalab Jammu
6. Archana Sharma age 40 years, W/o Sh Ripu Daman Sharma R/o
House no. 186 Street No. 7 Tallab Tillo Jammu
7. Parvesh Singh age 39 years, S/o Jagdish Singh R/o Chandan Vihar
Lane No. 04 Post office Muthi Jammu
8. Yasser Ali age 37 years, R/O Village Sharikhi (Katyara) Tehsil
Bhaderwah District Doda.
...petitioners
(By Advocate: Mr. Anuj Dewan Raina)
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court
master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR,
STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu
Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c
28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda
YADAV
8, [email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 16:38:45+05'30'
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:: 2 :: TA 155/2024
VERSUS
1- University of Jammu Through its Registrar University of Jammu
Jammu.
2- Vice-Chancellor University of Jammu Jammu.
3- Registrar University of Jammu, Jammu.
4- Financial Advisor to University of Jammu / Commissioner/
Secretary to Government, Finance Department, Civil Secretariat, J&K
Government, Jammu/ Srinagar.
5- Nishu Mangotra, Computer Assistant
6- Sh Manu Malhotra, Computer Assistant
7- Sh Pawan Kumar, Computer Assistant
8- Ms Kusum, Computer Assistant
9- Sh Noor-ul Asrar Beigh, Computer Assistant
10-Sh Anil Kumar Dubey, Computer Assistant
11- Sh Parmod Singh, Computer Assistant
12-Sh Satinder Singh Jamwal, Computer Assistant
13-Sh Sahil Sharma, Computer Assistant
14-Sh Dileep Kümar Bhat, Computer Assistant
15- Sh Vivek Mahajan, Computer Assistant
16-Sh Krishan Lal, Computer Assistant
...Respondents
(By Advocate: Mr. Ajay Abrol, Mr. Abhinav Sharma, Sr. Adv.
assisted by Mr. Vishal Sharma (Pvt. Resp)
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court
master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR,
STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu
Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c
28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda
YADAV
8, [email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 16:38:45+05'30'
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:: 3 :: TA 155/2024
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.1587/2017 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.155/2024 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
a) Allow this writ petition of the petitioners.
b) Issue writ in the nature of Certiorari quashing the impugned order bearing No. Estab/17/5433-48 dated 13-06-2017 issued by the respondent No.3 which has the effect of conferring higher pay and grade pay to the junior counter parts of the petitioners (i.e. the respondent no. 5 to 16 herein), consequently being placed into higher pay band retrospectively from the date of appointment.
c) Issue writ in the nature of certiorari quashing Order dated 26-
05-2016 passed by the respondents being un-reasoned and arbitrary in nature, whereby the representation submitted by the petitioners for removal of pay anomaly and up-gradation of pay was rejected without citing any reason, justification or justifying application of prudent mind by the respondents.
d) Issue writ in the nature of Mandamus commanding the respondents to remove the anomaly of pay and to consequently accord up-gradation of pay scale of the petitioners correspondingly from the date of initial appointment i.e. in the pay scale of Rs 6500-10500 pre-revised as applicable otherwise in the state also.
e) Issue writ in the nature of Prohibition restraining the respondents from filling the post of Programmer amongst the private respondents/ Computer operators de-horse the service Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c 28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda YADAV 8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:38:45+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: TA 155/2024 rules by bypassing the post of Assistant programmer being the feeding cadre to the said post.
f) Pass such other appropriate writ, command, direction or order as facts of the case demand and this Hon'blé Court may deem just and proper in favour of the petitioners.
3. The present Transfer Application arises out of SWP No. 1587/2017 which stood transferred from the Hon'ble High Court of Jammu & Kashmir and registered as T.A. No. 155/2024 before this Tribunal. The petitioners, who are working as Assistant Programmers in the University of Jammu, have approached this Tribunal seeking redressal of a long-standing grievance relating to serious pay anomaly whereby their juniors, namely the private respondents working as Computer Assistants, have been granted higher pay scales and grade pay, including retrospective notional and monetary benefits, resulting in a situation where seniors are drawing lesser pay than their juniors.
4. The undisputed facts reveal that the petitioners were appointed as Assistant Programmers in the pay scale of ₹5500-9000 (pre-revised), whereas the private respondents were appointed as Computer Assistants in a lower pay scale of ₹4000-6000 (pre-revised). The post of Assistant Programmer admittedly stands higher in the service hierarchy and carries higher qualifications, duties and responsibilities. It is the specific case of the petitioners that by virtue of a series of Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c 28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda YADAV 8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:38:45+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 155/2024 administrative orders, particularly the order dated 13.06.2017 granting benefits under the Career Advancement Scheme (CAS), the private respondents were placed in higher pay scales, in some cases even retrospectively, resulting in a situation where juniors began to draw pay equivalent to or higher than the petitioners.
5. It is further pleaded that despite repeated representations pointing out the anomaly, including a detailed representation rejected vide order dated 26.05.2016, the respondents not only failed to remove the anomaly but aggravated it by extending further benefits to the private respondents. The petitioners contend that once the respondents themselves have granted financial benefits to juniors from a particular date, denial of corresponding parity to seniors is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution.
6. The official and private respondents have resisted the claim primarily on the ground that the benefits granted to the private respondents were strictly in accordance with the Career Advancement Scheme and after obtaining financial concurrence and approval of the competent authorities. It is contended that the upgradation granted to Computer Assistants was non-functional in nature and does not disturb seniority or promotional hierarchy. The respondents have also sought to justify Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c 28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda YADAV 8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:38:45+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 155/2024 the grant of higher grade pay to certain private respondents on the basis of completion of prescribed years of service under CAS.
7. It is further pleaded that the petitioners themselves have been granted CAS benefits upon completion of the requisite period and, therefore, no discrimination can be alleged. According to the respondents, mere comparison of pay drawn at a given point of time cannot be a ground for interference, particularly when the posts belong to different cadres.
8. Upon careful consideration of the pleadings and material on record, this Tribunal finds that the core issue is not the validity of the Career Advancement Scheme nor the competence of the respondents to grant benefits thereunder, but whether the respondents can sustain a situation where admitted seniors are placed in a position of financial disadvantage vis-à-vis their juniors.
9. The record clearly demonstrates that the petitioners were appointed to a higher post in the service hierarchy with higher qualifications and responsibilities. It is equally evident that by virtue of the impugned orders, certain private respondents junior in service have been granted higher grade pay and corresponding monetary benefits from specific dates. Once such monetary benefits have been extended to juniors, the respondents are duty bound to ensure that seniors are not left drawing lesser pay for the same or higher level of work. Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c 28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda YADAV 8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:38:45+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 155/2024
10. It is well settled that while the employer may design and implement schemes like CAS, such schemes cannot be applied in a manner that violates the fundamental principle of seniority or results in financial inversion. The defence that the upgradation is non-functional or cadre- specific cannot come to the rescue of the respondents when the end result is clear financial discrimination.
11. This Tribunal is of the considered view that the petitioners cannot be denied parity merely on technical distinctions once the respondents themselves have chosen to grant monetary benefits to juniors from a particular date. Equity, fairness and constitutional mandate require that seniors must at least be placed at par from the date their juniors were granted such benefits.
12. At the same time, considering the long passage of time and to balance equities, the Tribunal deems it appropriate that the petitioners be granted monetary parity strictly from the date on which the respective junior private respondents were extended monetary benefits, without reopening settled issues prior thereto.
13. Accordingly, the Transfer Application is allowed to the extent indicated below:
a) The respondents are directed to remove the pay anomaly by extending to the petitioners the same monetary benefits from Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c 28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda YADAV 8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:38:45+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 155/2024 the very date on which such monetary benefits were granted to their respective juniors (private respondents), along with all consequential refixation of pay. The exercise shall be carried out within a period of three months from the date of receipt of a copy of this order.
b) It is clarified that the petitioners shall not be entitled to any benefit earlier than the date on which monetary benefits were actually granted to the juniors, and the relief is confined strictly to parity to eliminate discrimination.
14. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c 28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda YADAV 8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:38:45+05'30' Foxit PDF Reader Version: 2025.2.0