Central Administrative Tribunal - Jammu
Gopal Dass vs D/O General Administration Ut Of J&K on 4 February, 2026
:: 1 :: TA 5970/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 5970/2020
Reserved on: - 25.09.2025
Pronounced on: - 04.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Gopal Dass, Aged 48 years
S/O Sh. Bachiter Dass,
R/O Village Keri, Tehsil Bhalwal, District Jammu.
...Applicant
(Advocate: - Mr. Roop Lal)
Versus
1. State of Jammu and Kashmir through Principal Secretary to
Government, Planning and Development Department, J&K, Civil
Secretariat, Srinagar.
2. Commissioner Secretary to Govt. General Administration
Department, J&K, Civil Secretariat, Srinagar.
3. Director General Economics and Statistics, SDA Colony, Bemina,
Srinagar Kashmir.
4. Manjive Kumar, Statistical Officer, C/O Director General, Economics
and Statistics, SDA Colony, Bemina, Srinagar Kashmir.
Digitally signed by HARSHIT YADAV
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
HARSHIT YADAV
Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.05 16:57:39+05'30'
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:: 2 :: TA 5970/2020
5. Sudesh Kumar, Statistical Officer, C/O Director General, Economics
and Statistics, SDA Colony, Bemina, Srinagar Kashmir.
6. Subash Chander, Statistical Officer, C/O Director General, Economics
and Statistics, SDA Colony, Bemina, Srinagar Kashmir.
...Respondents
(Advocate:- Mr. Rajesh Thappa, AAG, Mr. Sudesh Magotra, AAG,
Mr. Hunar Gupta, ld. DAG)
Digitally signed by HARSHIT YADAV
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
HARSHIT YADAV
Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.05 16:57:39+05'30'
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:: 3 :: TA 5970/2020
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.1631/2018 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.5970/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
a) Writ of certiorari for quashing the placement of respondents No. 4, 5 and 6 at Sr. No's. 146, 164 and 165 respectively in the seniority list of Statistical Officers.
b) Writ of certiorari seeking quashment of the name of the respondent No. 4 from Sr. No. 22 for the post of Assistant Director (P&S) of J&K Economics and Statistics (Gazetted) Service.
c) Writ of mandamus commanding upon the respondents to place the petitioner at Sr. No. 146 of tentative seniority list being senior to the private respondents and corrections in seniority list accordingly.
d) Writ of mandamus commanding upon the respondents to place the petitioner at Sr. No. 22 of the order dated 17-05-2018 for the post of Assistant Director (P&S) of J&K Economics and Statistics (Gazetted) Service.
e) Writ of mandamus commanding upon the respondents to consider the petitioner for his promotion to the post of Assistant Director (P&S) of J&K Economics and Statistics (Gazetted) Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: TA 5970/2020 Service being a member of Scheduled Caste category on the basis of the judgments of this Hon'ble Court which was confirmed by the Hon'ble Division bench and the Apex Court by dismissing the LPA and SLP.
f) Any other order which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be passed in favour of the petitioner against the respondents.
3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -
a) The present Transfer Application arises out of SWP No. 1631/2018, which was originally filed before the Hon'ble High Court of Jammu & Kashmir and subsequently transferred to this Tribunal. The applicant, Dass, belongs to the Scheduled Caste category and is a permanent resident of the erstwhile State of Jammu & Kashmir. He entered government service as a Statistical Assistant on 14.12.1996 against a post reserved for RBA category, as his village was notified as a backward area.
Subsequently, he was promoted as Statistical Officer on 27.04.2007.
b) It is the consistent case of the applicant that though he initially availed the benefit of RBA category at the time of entry into service, he is otherwise a Scheduled Caste candidate and was Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 5970/2020 entitled, under the applicable rules, to seek the benefit of reservation in promotion under the Scheduled Caste category. In this context, the applicant, along with one Baldev Raj (who also belonged to Scheduled Caste category but had entered service under a different reserved category), approached the competent authorities seeking consideration of their cases for promotion under the Scheduled Caste category instead of their original entry categories.
c) When the competent authorities declined their request, both employees approached the Hon'ble High Court by filing SWP No. 2627/2002. The Hon'ble Single Bench, by judgment dated 22.12.2003, allowed the writ petition and issued a categorical direction that the petitioners therein be granted the benefit of reservation in promotion as members of the Scheduled Caste category, if otherwise eligible, in terms of Rule 17 of SRO-126 of 1994. The said judgment attained finality as the LPA filed by the State was dismissed by the Division Bench on 08.07.2004, and the Special Leave Petition filed thereafter was also dismissed by the Hon'ble Supreme Court on 20.07.2007. Digitally signed by HARSHIT YADAV
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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 5970/2020
d) According to the applicant, despite the judicial pronouncement having attained finality up to the Apex Court, the respondents implemented the judgment only partially. While the co-
petitioner Baldev Raj was extended the benefit of consideration under the Scheduled Caste category for promotion, the applicant's case was allegedly ignored without any lawful justification. The applicant continued to submit repeated representations from time to time, including representations dated 05.01.2005, 04.03.2013, 24.04.2015, and again prior to issuance of the tentative seniority list in 2018, enclosing copies of all relevant judgments and requesting parity of treatment.
e) In April 2018, the respondents issued a tentative seniority list of Statistical Officers as on 01.01.2018. In the said list, respondent Nos. 4, 5 and 6, who were appointed as Statistical Assistants in the years 1998--much later than the applicant--were placed above him in the Scheduled Caste category. The applicant asserts that he is senior to these private respondents both in terms of date of appointment and length of service and that their Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 5970/2020 placement above him in the Scheduled Caste seniority list was arbitrary and contrary to settled principles of seniority.
f) The applicant further contends that despite filing detailed objections to the tentative seniority list on 19.05.2018, the respondents failed to consider his objections and proceeded to issue an order dated 17.05.2018 for filling up the posts of Assistant Director (Planning & Statistics), wherein respondent No. 4 was shown at a higher serial number, whereas the applicant's name was omitted altogether. Aggrieved by the continued denial of consideration for promotion under the Scheduled Caste category, the applicant approached the Hon'ble High Court again, resulting in the present Transfer Application.
4. The respondents have filed their reply statement wherein they have averred as follows: -
a) The respondents have resisted the application by raising preliminary as well as substantive objections. At the outset, it is contended that the application raises disputed questions of fact which cannot be adjudicated in the present proceedings and that Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 5970/2020 the applicant has no enforceable right to claim the reliefs sought. It is further alleged that the applicant has not approached the Tribunal with clean hands and has attempted to misrepresent facts by selectively projecting the record.
b) On merits, it is not disputed that the applicant was appointed as Statistical Assistant on 14.12.1996 under the RBA category and that he also belongs to the Scheduled Caste category. It is also admitted that the applicant, along with Baldev Raj, had earlier filed SWP No. 2627/2002 seeking consideration for promotion under the Scheduled Caste category and that the said writ petition was allowed by the Hon'ble High Court on 22.12.2003.
The dismissal of the LPA and the SLP filed by the State is also not in dispute.
c) However, the respondents contend that subsequent legal developments have materially altered the position governing reservation in promotion in the State of Jammu & Kashmir. It is specifically pleaded that the Hon'ble High Court, in Ashok Kumar & Ors. v. State of J&K (SWP No. 1290/2014), declared the provisions relating to reservation in promotion as Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: TA 5970/2020 unconstitutional, relying upon the Constitution Bench judgment of the Hon'ble Supreme Court in Indra Sawhney v. Union of India. In view of the said judgment, the General Administration Department issued Office Memoranda dated 04.03.2016 and 21.06.2016 directing all departments to keep the slots meant for reserved category promotions vacant, as the matter was pending consideration before the Hon'ble Supreme Court in connected Special Leave Petitions.
d) The respondents further submit that, in the meantime, the applicant again approached the Hon'ble High Court by filing SWP No. 1631/2018. On 30.10.2018, the Hon'ble High Court passed an interim direction to keep one post of Assistant Director (P&S) reserved under the Scheduled Caste category, subject to objections. In compliance with the said direction, one post has been kept unfilled.
e) It is further pleaded that the matter regarding the applicant's claim was referred to the Law, Justice and Parliamentary Affairs Department, which opined that under Section 19 of the Reservation Act, 2004, a candidate belonging to more than one Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: TA 5970/2020 reserved category is entitled to avail the benefit of reservation in only one category, either at the stage of appointment or promotion, as per his option. Reliance has been placed on the judgment in Javed Iqbal v. State & Ors., wherein the Hon'ble High Court held that a candidate who had already availed reservation under one category cannot subsequently shift to another reserved category for promotion.
f) The respondents assert that since the applicant had admittedly entered service by availing reservation under the RBA category, he is estopped from claiming a subsequent shift to the Scheduled Caste category for the purpose of promotion. It is also reiterated that reservation in promotion is presently sub-
judice before the Hon'ble Supreme Court and, therefore, no promotion can be granted on the basis of provisions which have already been declared unconstitutional by the High Court.
g) Accordingly, the respondents maintain that the applicant has no vested or enforceable right to claim seniority or promotion under the Scheduled Caste category and that his case can only be considered subject to the final outcome of the pending Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: TA 5970/2020 proceedings before the Hon'ble Supreme Court and in accordance with the rules governing the field. The respondents, therefore, pray for dismissal of the Transfer Application.
5. Heard learned counsel for the parties and perused the material available on record.
6. This Transfer Application has been received on transfer from the Hon'ble High Court of Jammu & Kashmir and is registered as T.A. No. 5970/2020. The applicant essentially challenges (i) the placement of respondent Nos. 4 to 6 in the seniority list of Statistical Officers above him under the Scheduled Caste segment, and (ii) the inclusion of respondent No. 4 in the consideration panel/order for promotion to the post of Assistant Director (P&S), while the applicant seeks that he be placed as senior-most for promotion under the Scheduled Caste category.
7. The applicant's case, in substance, is that though he entered service as Statistical Assistant on 14.12.1996 against an RBA slot, he belongs to Scheduled Caste by status, and therefore claims a right to be considered for promotion under the Scheduled Caste category, relying heavily upon the earlier litigation (SWP No. 2627/2002) culminating Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: TA 5970/2020 in orders of the High Court (22.12.2003), Division Bench (08.07.2004) and the Hon'ble Supreme Court (20.07.2007). He also pleads discriminatory "partial implementation" because his co- petitioner Baldev Raj was allegedly extended the benefit, whereas he was not.
8. The respondents oppose the claim principally on the grounds that: (i) the applicant entered service by availing reservation under RBA and cannot subsequently "shift" to another reserved category for the purpose of promotion; (ii) Section 19 of the J&K Reservation Act, 2004 restricts a person belonging to more than one category to claim reservation in one category only for appointment/promotion; (iii) the legal position regarding reservation in promotion in J&K has remained sub-judice/subject to directions after the decision in Ashok Kumar & Ors. v. State of J&K & Ors. (SWP No. 1290/2014) and related developments; and (iv) in SWP No. 1631/2018 the High Court had only directed reservation of one post subject to objections, which the department claims to have complied with.
9. The issues for determination are as follows: -
Digitally signed by HARSHIT YADAV
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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: TA 5970/2020 • Whether the applicant, having entered service under RBA, can claim shifting/choice of category to Scheduled Caste for promotion and seniority benefits in the promotional stream? • Whether the seniority and consideration for promotion to Assistant Director (P&S) can be re-cast by placing the applicant above respondent Nos. 4 to 6 in the Scheduled Caste segment of the seniority list, despite his entry being under RBA? • Whether the applicant is entitled to the reliefs sought, including quashing of private respondents' placement and consequential promotion consideration?
10. The entire foundation of the applicant's claim is that, because he belongs to Scheduled Caste by social status, he must be treated in the Scheduled Caste category for promotion and seniority, even though he entered service by taking benefit under RBA. This proposition cannot be accepted.
11. Section 19 of the Jammu & Kashmir Reservation Act, 2004 ("Choice") provides in clear terms that a candidate belonging to more than one category shall be entitled to claim the benefit of reservation in one category only, as per his choice, for Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: TA 5970/2020 appointment or promotion. The statute thus contemplates choice, but it also restricts the benefit to one category only--not multiple, and not successive shifting to a different reserved category as and when advantageous.
12. The respondents have also relied upon the principle noticed in Javed Iqbal v. State & Ors., where the High Court disapproved the attempt of an employee to seek advantage of another reserved category for promotion/adjustment after having already taken benefit of reservation earlier.
13. The ratio, in substance, is that reservation benefits cannot be treated as a "floating option" to be switched at convenience in the promotional channel once the employee has already entered and progressed by availing a reserved benefit.
14. In the present case, it is an admitted position that the applicant was appointed as Statistical Assistant on 14.12.1996 under the RBA category.
15. Once that is so, the applicant cannot demand that his subsequent promotional consideration and seniority be re-structured by transposing him into the Scheduled Caste promotional roster and by Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: TA 5970/2020 dislodging those who entered and/or were considered in that stream as per the seniority list and roster operation.
16. Therefore, Point A is answered against the applicant. The applicant is not entitled to change/shift his category for promotion after having availed reservation benefit at the entry stage.
17. The applicant seeks quashing of the placement of respondent Nos. 4 to 6 at certain serial numbers in the seniority list of Statistical Officers and also seeks his own placement above them in the Scheduled Caste segment, primarily on the assertion that he is senior by date of initial appointment (1996 vs 1998).
18. However, seniority in the context pleaded here is not merely a question of date of appointment, but is a question of cadre seniority as operated through applicable recruitment/promotion rules and reservation roster, and critically, the category stream under which benefits are claimed. The applicant's case proceeds on a legally impermissible assumption: that he can be treated as an SC promotee/senior in the SC segment despite entering service under RBA. Once that assumption fails, the consequential reliefs directed at re-writing the SC seniority list cannot survive. Digitally signed by HARSHIT YADAV
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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: TA 5970/2020
19. Further, the applicant's attempt also indirectly seeks to unsettle promotions and seniority positions that have existed for long, and the Tribunal would be slow to disturb settled cadre positions unless a clear, enforceable legal right is shown. Here, the asserted right is itself founded on a category-shift which is barred by the statutory scheme.
20. The applicant has heavily relied on the earlier litigation (SWP No. 2627/2002 and its affirmation in appeal/SLP).
21. The Tribunal notes that those proceedings were rooted in the legal regime and factual matrix prevailing at that time and the directions were to grant benefit of reservation in promotion if otherwise eligible under the applicable rules then.
22. The respondents, on the other hand, have placed on record that the policy/legal landscape regarding reservation in promotion in J&K has been subject to later judicial scrutiny (including Ashok Kumar & Ors. v. State of J&K & Ors., SWP No. 1290/2014) and consequent governmental instructions to keep reserved promotion slots unfilled pending final adjudication.
23. This Tribunal is not required, for disposal of the present T.A., to finally pronounce upon the entire field of reservation in promotion in Digitally signed by HARSHIT YADAV 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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: TA 5970/2020 J&K. The present matter can be decided on the narrower, but decisive ground that the applicant cannot seek recasting of promotion/seniority by shifting from the RBA stream to the Scheduled Caste stream, as that is barred by the statutory mandate of single-category benefit and the principle against successive category- switching for promotional advantage.
24. The interim direction passed by the Hon'ble High Court on 30.10.2018 to keep one post reserved subject to objections (as pleaded by respondents) was an interim arrangement. Once the substantive claim fails, no enforceable mandamus for promotion under the Scheduled Caste category can be issued in favour of the applicant.
25. Accordingly, Point C is answered against the applicant.
26. For the reasons recorded above, this Tribunal holds that the applicant, having entered service as Statistical Assistant by availing the benefit of RBA category, cannot change/shift his category to Scheduled Caste for the purpose of promotion and seniority benefits. The seniority list and consequential consideration panel/promotion process cannot be interfered with at the instance of a person who seeks such interference on an impermissible category-shift premise. Digitally signed by HARSHIT YADAV
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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0 :: 18 :: TA 5970/2020
27. Accordingly, TA 5970/2020 stands dismissed.
28. Any interim arrangement/direction operating during pendency of this T.A. shall stand vacated, subject always to any orders passed by the competent courts in the pending matters relating to reservation in promotion and subject to the applicable instructions/law as may finally govern the field.
29. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by HARSHIT YADAV
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 HARSHIT YADAV Jammu Jandk", Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 16:57:39+05'30' Foxit PDF Reader Version: 2025.2.0