Central Administrative Tribunal - Jammu
Sunita vs Planning Development And Monitoring on 5 February, 2026
:: 1 :: TA 493/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 493/2022
Reserved on: -25.08.2025
Pronounced on: - 05.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Smt. Sunita DevDaye 38 years W/o Sh. Jasvir Singh P/o at present
Village Neera, Tehsil and District, Ramban.
2. Sh. Vippan Kumar age 30 years S/o Sh. Kaka Ram R/o Changi Tehsil
Marheen District, Kathua.
...Applicants
(Advocate: - Mr. O P Thakur)
Versus
1. State of Jammu and Kashmir through Commissioner-cum-Secretary,
Planning Development Department, Civil Sectt. Jammu. 2. Director
General, Economic and Statistics, Janipur, Jammи.
3. Sh. Younis Elahi, Statistical Assistant, District Industry Centre,
Doda.
4. Smt. Nisha Devi, Statistical Assistant, Sub District Hospital,
Akhnoor.
5. Mst. Shaheeda Parveen, Statistical Assistant, Chief Agricultural,
Rajouri.
6. Sh. Mohd Razak, Statistical Assistant,, Chief Agricultural, Rajouri:
Digitally signed by
HARSHIT YADAVHARSHIT YADAV
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7. Sh. Imtiyaz Ahmed, Statistical Assistant, District Industry, Poonch.
8. Sh. Narinder Singh, Statistical Assistant, CPO, Kathua.
9. Sh. Gurdeep Singh, Statistical Assistant,, Chief Electrical
Maintenance, Jammu.
...Respondent
(Advocate:- Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, Ld. DAG)
Digitally signed by
HARSHIT YADAVHARSHIT YADAV
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.627/2018 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.493/2022 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
It is, therefore, respectfully prayed that the petition may kindly be allowed by issuing a writ of certiorari quashing;
i) The notification endorsement No. DES/Seniority /161-
A/SA/JDC/6595-6602 dared 2-2-2018 so far as and to the extent the respondents 3 to 9 have been placed above the petitioners in the revised seniority list of Statistical Assistants who have secured less merit in the competitive examination conducted by the Service Selection Board for the post of Statistical Assistants.
ii) The Order No. 67-DES/Camp of 2018 dated 3-2-2018 whereby the respondents no. (7 to 9 have been deputed for undergoing Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 4 :: TA 493/2022 nine months of specialized training course of Statistical Assistants in the Statistical Training School, Jammu from 5-4- 2018, as being unconstitutional and discriminatory With A further writ of mandamus commanding the respondents 1 to 2
i) To fix the seniority of the petitioners according to the position attained and assigned to them in the order or merit at the time of competitive examination and consequently place them at Sr. No. 174 and 176 respectively.
ii) To depute the petitioners for undergoing nine months of specialized training course of Statistical Assistants in the Statistical Training School, Jammu from 5-4-2018, Costs of the petition with such other additional or alternate relief, which this Hon'ble Court may in the facts and circumstances of the case deem fit and proper, be also awarded in favour of the petitioners.
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3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
a) The present Transfer Application arises out of SWP No. 627/2018, which stood transferred from the Hon'ble High Court of Jammu & Kashmir and was registered as T.A. No. 493/2022 before this Tribunal. The applicants assailed the revised seniority list of Statistical Assistants of Jammu Division and the consequential deputation of private respondents for specialized training, alleging violation of Rule 24 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
b) The applicants are permanent residents of the Union Territory of Jammu & Kashmir and were selected as Statistical Assistants pursuant to Advertisement Notice No. 07 of 2010 dated 12.11.2010 issued by the Service Selection Board for Divisional Cadre, Jammu. Applicant No.1 belongs to RBA category and secured 72.86 merit points, whereas Applicant No.2 belongs to Scheduled Caste category and secured 72.19 merit points. Both applicants possess postgraduate qualifications in Computer Science/Information Technology. Digitally signed by
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c) The Service Selection Board, after completion of the selection process, issued recommendations vide communication dated 06.09.2012. The same were accepted by the Government, and the Director, Economics and Statistics, issued appointment orders in two phases--first on 24.11.2012 and subsequently on 10.12.2012. The applicants were appointed vide the latter order dated 10.12.2012 solely due to the fact that verification reports of their educational qualifications were received later, and not on account of any deficiency attributable to them.
d) It is the specific case of the applicants that respondents 3 to 9, who were appointed earlier on 24.11.2012, had secured lesser merit than the applicants in the same competitive examination. Despite this, while issuing the tentative seniority list dated 28.12.2017 and thereafter the revised seniority list dated 02.02.2018, the respondents fixed seniority strictly on the basis of the date of appointment, placing respondents 3 to 9 above the applicants, ignoring the merit position assigned by the Service Selection Board.
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e) The applicants submitted representations objecting to the fixation of seniority on the basis of date of appointment and specifically relied upon Rule 24 of the J&K CCA Rules, which mandates that seniority of direct recruits shall be determined according to the order of merit in the competitive examination, irrespective of the date of joining. However, the objections were rejected and the revised seniority list dated 02.02.2018 retained the same placement.
f) Consequent upon the impugned seniority list, respondents 7 to 9--who were admittedly lower in merit--were deputed vide order dated 03.02.2018 for undergoing the mandatory nine- month Specialized Training Course for Statistical Assistants, which is a prerequisite for promotion to the post of Statistical Officer. The applicants, despite being senior in merit, were ignored, prompting the present challenge seeking correction of seniority and consequential benefits.
4. The respondents have filed their reply statement wherein they have averred as follows: -
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a) The respondents filed a detailed reply opposing the Transfer Application, raising preliminary objections as well as submissions on merits. It is contended that no legal or fundamental right of the applicants has been violated and that the writ petition is not maintainable as it merely challenges a tentative seniority list, which does not confer or take away any vested right. According to the respondents, the applicants had an alternative remedy of filing objections to the tentative seniority list, which could be considered by the competent authority.
b) On merits, the respondents do not dispute the selection process, issuance of recommendations by the Service Selection Board, or the merit obtained by the applicants and private respondents.
It is, however, stated that appointment orders were issued in two phases based on receipt of verification reports from the concerned institutions, and those whose verifications were received earlier were appointed on 24.11.2012, while the applicants were appointed on 10.12.2012.
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c) The respondents assert that seniority has rightly been fixed on the basis of the date of initial appointment in the department, which according to them is materially significant under Rule 24 of the J&K CCA Rules. It is further pleaded that the seniority list issued on 02.02.2018 is only tentative and subject to objections, and therefore no final prejudice has been caused to the applicants.
d) With regard to deputation for specialized training, the respondents submit that the private respondents were deputed strictly as per the seniority position reflected in the tentative list. It is also stated that, pursuant to interim directions of the Hon'ble High Court dated 28.03.2018, the applicants were subsequently deputed for the said training course, and thus their grievance on that count stands redressed.
e) The respondents maintain that the impugned seniority list and deputation orders have been issued in accordance with law, deny any arbitrariness or illegality, and pray for dismissal of the Transfer Application.
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5. Heard learned counsel for the parties and perused the material available on record.
6. The present Transfer Application arises out of a challenge to the fixation of inter se seniority of Statistical Assistants of Jammu Division and the consequential deputation of certain private respondents for undergoing the mandatory Specialized Training Course, which is a prerequisite for promotion to the post of Statistical Officer. The core issue that arises for determination is whether the seniority of direct recruits selected through a common competitive examination can be determined on the basis of the date of issuance of appointment orders or whether it must necessarily follow the order of merit assigned by the Service Selection Board.
7. The factual matrix is largely undisputed. The applicants and private respondents were selected pursuant to Advertisement Notice No. 07 of 2010 issued by the Service Selection Board. The merit obtained by the applicants is higher than that of respondents 3 to 9. The recommendations of the Service Selection Board were accepted by the Government, and appointment orders were issued in two phases--on 24.11.2012 and 10.12.2012. The applicants were included in the later Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 11 :: TA 493/2022 order only on account of delay in receipt of verification reports of their educational qualifications, a factor entirely beyond their control.
8. It is also not in dispute that both appointment orders specifically stipulate that seniority shall be determined as per the merit list received from the Service Selection Board. Despite this clear stipulation and despite the statutory mandate, the respondents proceeded to issue the tentative seniority list dated 28.12.2017 and the revised seniority list dated 02.02.2018 by treating the date of appointment as the sole criterion for fixing seniority, thereby placing respondents 3 to 9--who had secured lower merit--above the applicants.
9. Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, leaves no scope for ambiguity. It unequivocally provides that where appointments are made by direct recruitment, the inter se seniority of the appointees shall be determined according to the order of merit assigned at the time of competitive examination, notwithstanding the fact that they may assume charge on different dates. The rule does not permit dilution on Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 12 :: TA 493/2022 the basis of administrative delays or staggered issuance of appointment orders.
10. The contention of the respondents that seniority should be reckoned from the date of appointment is wholly misconceived and contrary to the plain language of Rule 24. Administrative convenience or delay in verification cannot be elevated to a determinative criterion so as to defeat merit. Once the selection emanates from a common process and appointments are made pursuant thereto, seniority must follow merit and nothing else.
11. The issue is no longer res integra. The Hon'ble High Court of Jammu & Kashmir, including the Division Bench in Ashfaq Ahmed Batt and others vs Mohan Lal and others, has categorically held that in the case of direct recruits, seniority has to be fixed strictly in accordance with merit obtained in the selection process and not on the basis of date of appointment. Any departure from this principle has consistently been held to be illegal and arbitrary.
12. The plea of the respondents that the impugned seniority list is only tentative and does not confer enforceable rights also does not impress this Tribunal. The record clearly reveals that the said seniority list was Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 13 :: TA 493/2022 acted upon for deputing candidates for the Specialized Training Course, which has a direct bearing on promotional avenues. Once a tentative list is given operative effect to the detriment of seniors, it ceases to remain a mere tentative exercise and becomes amenable to judicial scrutiny.
13. The consequential deputation order dated 03.02.2018, whereby respondents 7 to 9 were deputed for the Specialized Training Course ignoring the higher merit and seniority of the applicants, is equally unsustainable. The said training is not a routine or optional course; it is a mandatory statutory requirement for further promotion. Denial of such deputation on the basis of an illegally fixed seniority amounts to perpetuating the initial illegality and adversely affects the career progression of the applicants.
14. The subsequent deputation of the applicants pursuant to interim directions of the Hon'ble High Court does not cure the foundational illegality. Seniority once wrongly fixed continues to operate to the prejudice of an employee unless corrected in accordance with law.
15. In view of the foregoing discussion, this Tribunal has no hesitation in holding that the fixation of seniority of the applicants below Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 14 :: TA 493/2022 respondents 3 to 9 solely on the basis of date of appointment is illegal, arbitrary, and violative of Rule 24 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, as well as settled judicial precedents.
16. Accordingly, the Transfer Application is allowed in the following terms:
a) The revised seniority list of Statistical Assistants issued vide notification dated 02.02.2018 is quashed to the extent it places respondents 3 to 9 above the applicants.
b) The respondents are directed to refix the inter se seniority of the applicants strictly in accordance with the order of merit assigned by the Service Selection Board, irrespective of the dates of appointment orders.
c) All consequential benefits flowing from such refixation of seniority, including consideration for deputation, promotion, and further career progression, shall follow notionally, without disturbing any promotions already made, unless otherwise required under law.
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d) The entire exercise shall be completed by the respondents within a period of three months from the date of receipt of a copy of this order.
17. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by
HARSHIT YADAVHARSHIT YADAV