Suraj Prakash Bhagat vs D/O Phe & Irrigation And Flood Control on 17 November, 2025

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Central Administrative Tribunal - Jammu

Suraj Prakash Bhagat vs D/O Phe & Irrigation And Flood Control on 17 November, 2025

                                                                                               1                     TA 8492 of 2020


                                                                              CENTRAL ADMINISTRATIVE TRIBUNAL
                                                                                       JAMMU BENCH

                   No. TA 8492 of 2020

Present: Hon'ble Mr. Rajinder Singh Dogra, Member (J) Hon'ble Mr. Ram Mohan Johri, Member (A)

1. Suraj Parkash Bhagat, aged 67 years S/o Sh. Chajju Ram Bhagat R/o H.No.5, Shastri Nagar Jammu

2. Hissam Din Shah, aged 65 years S/o Sh. Mohd. Amin Shah R/o Mughal Masjid, Hawal, Srinagar

3. Chander Udhey Singh, aged 64 years S/o Choudhary Amar Nath R/o H.No:63 Sector-5, Trikuta Nagar, Jammu

4. Wali Mohd. Malik, aged 64 years S/o Sh. Abdul Razak Malik R/o Hyderbagh, Hyderpora Srinagar

5. Vidya Dhar Sharma, aged 64 years S/o Sh. B. N. Sharma R/o 393, Shastri Nagar Jammu

6. Mohd. Maqbool Lone, aged 65 years S/o Sh.

Mohammad Sabir Lone R/o Zahidpora, Hawal Srinagar

7. Abdul Gani Bhat, aged 63 years S/o Sh. Abdul Salam Bhat R/o Batwara, Srinagar

8. Mirza Ghulam Mohd Beigh, aged 63 years S/o Sh. Abdul Samad Beigh R/o Bagat Barzulla, Srinagar

9. Manzoor Ahmed Khan; aged: 63years, S/o Sh. Ali Mohammad Khan, R/o Lakripora, Nowshera, Srinagar

10. Rattan Lal Zutshi, aged 63 years, S/o Sh. Mohan Lal Zutshi R/o H.No:300, Mohalla Sarwal, New Plots, Jammu Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

11. Hira Lal Dalal, aged 63 years, S/o Sh. Arjan Nath Dalal, R/o Z-5/A, Phase-V, Aya Nagar, New Delhi-47

12. Mohammad. Farooq; aged: 63 years, S/o Khwaja Abdul Majeed, R/o Gulposh Colony, Gulshan Nagar Bypass, Srinagar

13. Kuldeep Singh Sambyal, aged 63 years, S/o Thakur Rasal Singh, R/o 35, 5/A, Trikuta Nagar Jammu.

14. Sadhu Ram Bhagat, aged 62 years, S/o Sh. Sh. Bali Bhadar R/o H.No:9-10 Sector-1 Durga Nagar P.O. Roop Nagar Jammu

15. Zahoor Ahmad Buch, aged 62 years, S/o Sh. Mohammad Amin Buch, R/o Pirbagh, Hyderpora, Srinagar

16. Chaman Lal Bindroo, aged 63 years, S/o Sh. Sh. Sarvanand Bindroo R/o Flat No:11, Pragtisheel Apptts; Sec: 9 Plot:39, Rohini New Delhi

17. Ashwani Kumar Parimoo, aged 61 years, S/o Sh. Janki Prasad Parimoo R/o 12, Priyadarshani Lanes Patta-Paloura, Jammu

18. Mohd. Ashraf Jan, aged 61 years, S/o Sh. Ghulam Rasool Jan, R/04-Gupkar Road, Srinagar

19. Fida Hussain, aged 62 years S/o Haji Hassan Ali R/o Shreebhat, Zadibal Srinagar

20. Abdul Latif Shinali, aged 61 years, S/o Sh. Gulam Ahmad Shinali R/o Nagar Bhaderwah, J&K

21. Mohidner Singh Jamwal, aged 61 years, S/o Sh. Karnail Singh Jamwal R/o 4/127, Indira Vihar, Janipur Jammu

22. Ghulam Mohi-ud-Din Sheikh, aged 62 years S/o Sh. Abdul Ghaffar Sheikh R/o Kanil Bagh, Baramullah Kashmir Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

23. Ghulam Qadir Chroo, aged years, S/o Sh. Ghulam Rasool Charoo, R/o Kanil Bagh, Baramulla

24. Bashir Ahmad Hakim, aged 62 years, S/o Hakeem Mohd. Yusuf Shah, R/o Rajbagh, Srinagar

25. Tulsi Dass Barmani, aged 61 years S/o Sh. Mani Ram Barmani R/o H.No:373 Sector No:7 Channi Himmat, Jammu

26. Mohd.Shafi Gilkar, aged 62 years S/o Sh. Abdul Ahad Gilkar R/o S. K. Colony, Anantnag Kashmir

27. Mohd. Ashraf Parimoo, aged 61 years S/o Sh. Abdul Hameed Parimoo R/o Sanat Nagar, Srinagar ......Applicants VERSUS

1. State of Jammu and Kashmir through Chief Secretary, Jammu and Kashmir Government, Civil Secretariat, Jammu

2. Commissioner-cum-Secretary to Govt. PHE & I&FC Department, Jammu and Kashmir Government, Civil Secretariat, Jammu.

......Respondents For the applicant : Mr. Rahul Pant, Sr. Adv. For the respondents : Mr. Dewakar Sharma, ld. DAG Heard on : 6.5.2025 Pronounced on :17.11.2025 Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

With a further direction to the respondents to regularize the petitioners No:15, 17, 18, 20 and 21 as Chief Engineers w.e.f. the dates they were made 1/c Chief Engineers with all consequential benefits; ii-a) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to release the pay scale of Rs.4500-5700 revised to 14300-18300 and further revised to Pay Band of 37400-67000 with Grade Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

2. The fact of the case is that -

different dates.

b) Although the applicants had worked as I/c Superintending Engineers and some of them as I/c Chief Engineers also, but after Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

charge promotions and as such, they have a right to be promoted/regularized as Superintending Engineers w.e.f. the date they were made I/c Superintending Engineers.

e) Applicant No.1 was admittedly made I/c Superintending Engineer on 24.1.2001 and he retired from service on 28.2.2001. The juniors of the applicant No.1 whose names figure in the order dated 20.9.2023 i.e. officers from Sl.No. 6 to 11 have been regularized as Superintending Engineers w.e.f. 24.1.2001 as they were placed as I/c Superintending Engineers on the same date along with the applicant No.1. A perusal of the same will show that Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

g) This position of law has been settled by the Hon'ble High Court of Jammu & Kashmir and Ladakh while relying upon the judgment passed by the Hon'ble Supreme Court in SWP No.1058/1994 (Brij Mohan Sharma vs. State of J&K & Ors.) judgment dated 19.2.2010, in LPASW No.10/2001 (State of J&K & Ors vs. Brij Mohan Sharma), judgment dated 1.4.2016 passed in SWP No.814/2016 (Bhupinder Singh vs. State of J&K & Ors.) and judgment dated 8.12.2017 passed in LPASW No.143/2017 (State of J&K & Anr. vs. Bhupinder Singh & Ors.). Even the judgment passed by the Hon'ble Supreme Court, says that the applicants are entitled to regularization from the date they were made in-charge of the higher post i.e. Suraj Parkash Gupta vs. State of Jammu & Kashmir has also been placed on record.

h) In so far as applicants No.15, 17, 18, 20 and 21 are concerned while they were working as I/c Superintending Engineers, they were further made as I/c Chief Engineers on the dates mentioned against their names and they retired from service while working as I/c Chief Engineers. All the applicants had been paid the charge allowance as I/c Superintending Engineers and Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

10 TA 8492 of 2020 I/c Chief Engineers and they were made I/C Chief Engineers as per the decision of cabinet.

i) The applicants No. 20 and 25 were in service on 30.11.2006 and were working as I/c Chief Engineer and I/c Superintending Engineer respectively. After the rules were amended on 14.6.2006, both became eligible and were entitled to regularization as Superintending Engineer but in both their cases, they were not regularized despite the fact that condition of 07 years of service as Executive Engineer for promotion as Superintending Engineer stood changed to 03 years only and both of them were promoted as Executive Engineers on 14.06.2001. Coming to the post of Chief Engineer, the Government had already issued Circular in the General Administration Department for relaxation in the minimum experience required. It is not understandable as to why both the aforesaid applicants have not been regularized even as Chief Engineers.

j) It is further submitted that once the Government had taken the services of the applicants against the higher posts and duties, there is no reason not to relax the rules in their favour to grant them the benefit of regularization and pensionary benefits. The power had been exercised by the Government in the year 2002 and Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

11 TA 8492 of 2020 even in the year 2025 the Government has exercised the same power vide order dated 2.4.2025.

Hence the present application.

3. The respondents have filed their reply stating therein that -

a) A proposal regarding regularization/ promotion of applicants along with others retired Executive Engineers (I/c Superintending Engineers) as Superintending Engineers was submitted to the J&K Public Service Commission vide letter dated 14.3.2023 and 22.6.2023, with the request to convene an extra-ordinary DPC meeting regarding regularization/promotion of retired Executive Engineers as Superintending Engineers who were already retired upto the year 2008.

b) As per the eligibility list for the confirmation of Executive Engineers as Superintending Engineers of Jal Shakti Department, it is found that the applicants had retired before the accrual of vacancy, even after accounting for the reserves in terms of order dated 5.10.1994. On the recommendation of DPC/PSC, some applicants alongwith some other retired officers have been regularized/ promoted as Superintending Engineers vide order dated 20.9.2023 in the Pay Scale of ₹.14300-400-18300 (Pre- revised), read with SRO 403 of 2018 dated 14.9.2018, from various Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

SR0-297 dated 14.09.2006 "By promotion from Class III Category A (Executive Engineer) from amongst persons possessing Bachelor's Degree in Engineering or AMIE Section (A&B) India, with at least 17 Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

On the basis of vacancies of Superintending Engineers available at that point of time on substantive basis and the relevant provisions of the Government order No. 743-GAD of 2007 dated 28.06.2007, in terms of which, the promotion is to be affected from the date of eligibility, date of availability of vacancy or date of placement, whichever is later, the applicants have been considered for regularization as Superintending Engineers.

d) It is submitted that the applicants had earlier submitted a representation for regularization as Superintending Engineer. The case was examined in the department and the representation of the retired officers found no merits on consideration under rules and the case was closed at that point of time in view of the facts, that these applicants were placed as I/c SEs at different point of time against the non-availability of vacancies purely as temporarily arrangements. However, the case of regularization can only be done against the clear vacancy which is lacking in the instant case in favour of some of the applicants.

Thus, in view of the relevant rules and orders passed by the Government, the applicants cannot have any claim. The Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

c) The denial to the applicants their regularization from the date, they were made in-charge of the higher posts, violates the rights guaranteed to them by Article 14 and 16 of the Constitution. Otherwise also, the applicants cannot be denied the salary attached to the post against which they had discharged their duties and even their pensionary benefits are required to be fixed by granting them the salary against the posts held by them at the time of their superannuation.

d) It is submitted that the applicants had not been regularized from the dates they were entitled to regularization as Executive Engineers. There is no justification as to why the applicants have not been regularized from the date, they were made I/c Executive Engineers. The late regularization of the applicants as Executive Engineers had affected further promotions of the applicants. Applicant No.1 was confirmed as Executive Engineer on 27.12.1991 and he was placed as I/c Superintending Engineer on 24.01.2021 but he was never regularized as Superintending Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

5. Heard the learned counsel for both the parties and perused the materials available on record.

6. After hearing the learned counsel for both sides and going through the records it transpires that the applicants in the present application have retired from service while working as I/c Superintending Engineers or I/c Chief Engineers. Applicants No. 1 to 14, 16, 19 and 22 to 27 were made I/c Superintending Engineers from different dates. Applicants No.15, 17, 18, 20 and 21 were not only made I/c Superintending Engineers but were further made I/c Chief Engineers w.e.f. different dates.

Although the applicants had worked as I/c Superintending Engineers and some of them as I/c Chief Engineers also, but after their retirement, they were getting the pensionary benefits of the post of Executive Engineer as they were never confirmed as Superintending Engineers nor they were confirmed as Chief Engineers.

On the other hand, the respondents have submitted that A proposal regarding regularization/promotion of applicants along Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

22.6.2023, with the request to convene an extra-ordinary DPC meeting regarding regularization/promotion of retired Executive Engineers as Superintending Engineers who were already retired upto the year 2008.

As per the eligibility list for the confirmation of Executive Engineers as Superintending Engineers of Jal Shakti Department, it is found that the applicants had retired before the accrual of vacancy, even after accounting for the reserves in terms of order dated 5.10.1994. On the recommendation of DPC/PSC, some applicants alongwith some other retired officers have been regularized/ promoted as Superintending Engineers vide order dated 20.9.2023 in the Pay Scale of ₹.14300-400-18300 (Pre- revised), read with SRO 403 of 2018 dated 14.9.2018, from various retrospective dates, after the dates of the respective retirement of the above officers strictly in terms of order dated 28.6.2007, in terms of which, the promotion is to be affected from the date of eligibility, date of availability of vacancy or date of placement, whichever is later. On perusal of the eligibility list, it is clear that Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= dc6f828dd5e05c8275a98c755e754be87ec725a28b8dd4c7932ef NATH 7abafab982c, SERIALNUMBER= 69adccd099b4b93c2f05604eca9cd01be9a19949f90d186ae9395 c0a6292d433, [email protected], CN=INDRANI NATH Date: 2025.11.17 13:28:51+05'30' 20 TA 8492 of 2020 Hon'ble High Court of Jammu & Kashmir and Ladakh vide its judgment dated 1.4.2016 passed in SWP No.814/2016 (Bhupinder Singh vs. State of J&K & Ors.) directed the State to pay the officer the salary attached to the post of Director Police Telecom from the date he was made in-charge of the post till his retirement and refix his pensionary benefits accordingly. The said judgment was also upheld by the Hon'ble Division Bench in LPASW No.143/2017 (State of J&K & Anr. vs. Bhupinder Singh & Ors.).

9. In the aforesaid judgments the Hon'ble High Court has relied upon the law settled by the Apex Court in Suraj Parkash Gupta v. State of Jammu & Kashmir, [Civil Appeal No. 3034 of 2000 (Arising out of SLP (Civil) No. 4744 of 1999)] dated 28.4.2000.

10. In view of the aforesaid legal position, it is, therefore, submitted that the applicants not only have the right to be regularized against the respective posts held by them as Superintending Engineers and Executive Engineers, but they also have further right to be granted the pay scale attached to the posts in question i.e. the pay scale attached to the post of Superintending Engineer in case of applicants, who retired as I/c Superintending Engineer and pay scale attached to the post of Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

11. Therefore the TA is allowed. The respondents are directed to promote the applicants No.1, 4, 5, 10, 11 and 15 as Executive Engineers w.e.f. the date they were made I/c Executive Engineers with all consequential benefits and to confirm the applicants against the posts of Superintending Engineers with all consequential benefits w.e.f. the dates, the posts of Superintending Engineer became available or w.e.f. the dates they were made I/c Superintending Engineers. The respondents are further directed to regularize the applicants No.15, 17, 18, 20 and 21 as Chief Engineers w.e.f. the dates they were made 1/c Chief Engineers with all consequential benefits. The respondents shall also release the pay scale of Rs.4500-5700 revised to 14300-18300 and further revised to Pay Band of 37400-67000 with Grade Pay of 8700 in favour of the applicants after their regularization as Superintending Engineers w.e.f. the date the petitioners became I/c Superintending Engineers and compute the pensionery benefit of the applicants afresh by allowing them the pay scale attached to the posts held by them at the time of their retirement and to pay Digitally signed by INDRANI NATH INDRANI DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Principal Pvt Secretary Executive magistrate, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="

                   (RAM MOHAN JOHRI)                                          (RAJINDER SINGH DOGRA)
                   MEMBER (A)                                                 MEMBER (J)




                   Indrani/PPS




          Digitally signed by INDRANI NATH

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Central Administrative Tribunal - Jammu

Suraj Prakash Bhagat vs D/O Phe & Irrigation And Flood Control on 17 November, 2025