Central Administrative Tribunal - Jammu
Kulbir Singh vs D/O Public Health Engineering Ut Of ... on 23 February, 2026
:: 1 :: TA 61/1111/2020
CENTRAL ADMINISTRATIVE TRIBUNAL5150
JAMMU BENCH, JAMMU
Hearing through video conferencing
Transfer Application No. 61/1111/2020
Reserved on: - 30.07.2025
Pronounced on: - This the 23rd day of February, 2026
HON'BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE SHRI RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER
1. Kulbir Singh , Age 44 years, S/o Major Singh , R/o Netar
Kothian, Barnai, Tehsil and District - Jammu.
...Applicant
(Through Advocate: - Mr. Ankesh Chandel)
VERSUS
1. State of Jammu and Kashmir, Through
Commissioner/Secretary, PHE Department Civil Secretariat,
Srinagar/Jammu.
2. Chief Engineer PHE Department Jammu.
3. Executive Engineer, PHE City Division - 1 PHE Department,
Jammu.
4. Assistant Engineer PHE City Division - 1, PHE Department
Jammu.
5. Superintending Engineer PHE Mech. Urban Circle, PHE
Department, Jammu.
...Respondent
(Through Advocate:- Mr. Rajesh Thapa, Ld. A.A.G.)
RAJAT SINGH PATHANIA
RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode=
180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary
Camp office Jammu Jandk", Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER=
c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected],
PATHANIA
CN=RAJAT SINGH PATHANIA
I am the author of this document
2026.02.24 10:54:32+05'30'
:: 2 :: TA 61/1111/2020
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WPC/2489/2017 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 1111/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
"i. An appropriate writ, order or direction in the nature writ of certiorari quashing Govt Order no. SEMU/Ts-450/4413-16 dated 29/9/2014 to the extent it tends to engage the petitioner on casual/Need basis instead of providing permanent employment in lieu of the land donated to the Respondent department on 6/8/2014;
ii. An appropriate Writ, order or direction in the nature of writ of mandamus commanding the respondents to provide permanent employment to the petitioner as agreed in terms of the Gift deed Executed on 6/8/2014 and registered in the competent court of law on 8/8/2014 between the petitioner and the respondent no. 3 and 4 and release all the consequential benefits in favour of the petitioner which he is entitled to under law;
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 3 :: TA 61/1111/2020 Any other relief which this Hon'ble Court in the facts and circumstances of the case deems fit and proper."
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
i. Briefly the facts of the case are that the real uncle of the petitioner namely Sh Jagdev Singh was owner in possession of property of land measuring 10 Marlas falling in Khasra No. 341 min situated at Netar Kothey, Barnai, Jammu.
ii. Since the PHE department was in dire need of land in order to construct and operate a tube cum pump room building in order to supply water to the near by locals/residents of the nearby locality and to overcome the drinking water shortage in the area approached the real uncle of the petitioner for purchasing the afore mentioned land.
iii. The real uncle of the petitioner instead of selling the land to the respondent department for monetary consideration volunteered to donate the land to the respondent department free of cost RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 4 :: TA 61/1111/2020 without taking any consideration by executing a gift deed and registering the same in the competent court of law and it was further mutually agreed between both the parties that the permanent respondent department shall provide a employment to one of the family members of the donor's family. A copy of the Gift deed Executed on 6/8/2014 and registered on 8/8/2014 before the competent court of law is enclosed as Annexure- A. iv. It is not out of place to mention here that before executing the gift deed before the competent court of law an affidavit was filed by the real uncle of the petitioner soliciting for providing employment to the petitioner who is his nearest relative in lieu of the land being donated to the respondent department. A copy of the Affidavit dated 8/7/2014 duly filed by the real uncle of the petitioner before executing the gift deed is enclosed as Annexure - B. RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 5 :: TA 61/1111/2020 v. On the basis of the aforesaid Gift deed executed between the petitioner and the respondent department. another agreement came to be executed by the respondent no. 4 whereby on the basis of the Gift Deed executed between the respondent no. 4, the real uncle of the petitioner and the petitioner herein in which it was agreed that petitioner being the nearest relative of the Jagdev Singh will be provided Employment in lieu of the donation of the A copy of the land to the respondent department Agreement dated 8/8/2014 is enclosed as Annexure - C. vi. On the basis of same the Impugned Order no.
SEMU/TS-450/4413-16 dated 29/9/2014 came to be passed by the respondent no. 3 whereby on the basis of the land donated by the real uncle of the petitioner to the respondent department the petitioner is engaged on casual/Need Basis completely in violation to the agreed terms and conditions of the gift deed executed on 8/8/2014. RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 6 :: TA 61/1111/2020 vii. The respondent no. 5 in complete violation and utter derogation of the agreed terms and condition of the gift deed which reads as "The Donar has volunteer to donate the aforesaid land in favour of the Donee for the said purpose, provided the PHE Department shall provide a permanent employment to one of his (donor's) family member"
has passed the order impugned whereby the petitioner being the nearest relative has been engaged in the respondent department on casual/need Basis instead of providing the petitioner a permanent job as agreed. viii. The petitioner immediately after coming in to know of the order impugned in a state of shock approached the respondents and made them aware of the promise extended to the real uncle of the petitioner and the petitioner who assured the petitioner and his uncle namely Sh Jagdev Singh that the permanent employment in terms of the gift deed registered in the competent court of law RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 7 :: TA 61/1111/2020 on 8/8/2014 shall be provided to the petitioner shortly and that the case of the petitioner for permanent employment in the department is under active consideration and the same will be considered shortly.
ix. The petitioner along with his uncle has been approaching the respondents time and again and have requested them to pass order of the permanent employment of the petitioner but always false assurances are being extended to the petitioner and the matter is being delayed on one pretext or the other.
x. The respondents have not acted upon the promise which has been extended to the petitioner till date for which the petitioner assails the order dated 29/9/2014 impugned in this writ petition on the following amongst various grounds to be urged at the time of hearing. The grounds are taken alternatively and without prejudice to each other which are as follows:
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 8 :: TA 61/1111/2020 xi. The order impugned in bad in the eyes of law and the same deserves to be set aside.
xii. The order impugned has been passed by the respondents which is in violation of the fundamental rights of the petitioner as such the same deserves to be set aside.
xiii. The order impugned has been passed by the respondent no. 5 in complete violation of the terms and conditions of the Gift Deed executed between the petitioner and the respondent no. 4 whereby in has been agreed between the parties that the land is being donated to the respondent department provided permanent employment is given to one of the family member of the donor as such the order impugned is liable to set aside d. That the respondents in lieu of the gift deed and the subsequent agreement entered in to between the real uncle of the petitioner and the respondent no. 4 and. the promise extended to the real uncle of the petitioner was under an legal obligation to RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 9 :: TA 61/1111/2020 enforce the promise which has been extended to the real uncle of the petitioner while purchasing the land of the real Uncle of the petitioner free of cost and was also under an obligation to enforce the agreed terms and conditions of the deed and agreement entered in to between them but in the present case the respondents with malafide intentions have till date not acted upon the promise extended by it to the petitioner and his uncle.
xiv. This action of the respondents in not implementing the terms and conditions of the gift deed is criminal in nature and the respondents have literally committed fraud with the real uncle of the petitioner by not enforcing the terms of the deed.
xv. Denial of permanent employment to the petitioner, despite of the promise extended by virtue of the gift deed executed and registered in the competent RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 10 :: TA 61/1111/2020 court of law is arbitrary and violative of Article 14 and 16 of the Constitution of India.
xvi. The petitioner has no other alternate efficacious remedy available except to approach this Hon'ble Court through the medium of present writ petition.
xvii. The petitioner has not filed any other writ petition on the same cause as has been projected in this writ petition either before this Hon'ble Court or before any other court of the country.
4. The respondents have filed their reply statement wherein they have averred as follows: -
i. The present writ petition of the petitioner is not maintainable and is liable to be dismissed as the petitioner has not come with clean hands and has tried to mislead the Hon'ble Court that too by sheer misrepresentation of facts in as much as the petitioner has not only suppressed but even RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 11 :: TA 61/1111/2020 concealed material facts from this Hon'ble Court.
ii. It is submitted that none of the fundamental, legal or statutory rights of the petitioner have been violated or infringed Div 2. That the contents of Para 2 of the petition are matter of record. It is however submitted that the land in question was donated to PHE City Division No: 1 Jammu on 6th day of August, 2014 by gift deed.
iii. Further it is submitted that the PHE Department has constructed a T/Well with boundary wall in the said land for water supply in the year 2000, which is running successfully.
iv. It is submitted that Sh. Jagdev Singh had donated the land to the PHE Department with the request to the respondents to engage his nearest relative (petitioner). Copy of the affidavits is enclosed as Annexure R-2 RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 12 :: TA 61/1111/2020 and R-3 respectively. Accordingly. the petitioner was engaged as C.P./need based worker by respondent No: 5 vide order No:
SEMU/TS-450/4413-16 dated 29.09.2014 which clearly states that the land donor / one person of the family member of the land donor is to be engaged as CP Worker in lieu of the land donated. Copy of the order dated 29.09.2014 and copy of circular dated 03.04.2012 are enclosed herewith and marked as Annexure R-4 and R-5 respectively. Deponent further submits that the land donor Sh. Jagdev Singh donated the said land on 6th day of August, 2014 after issuance of Circular No: 30/PW/Hyd of 2012 dated 03.04.2012. However, it is added that in case the grievance of the petitioner is covered under the terms and conditions of SRO 520/2017, his case would be considered accordingly.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 13 :: TA 61/1111/2020 v. It is respectfully submitted that the agreement was executed by the land donor and the department to engage the petitioner in lieu of land donated, keeping in view the Circular No: 30/PW/Hyd of 2012 dated 03.04.2012. It is further submitted that no Division Noromise for grant of permanent employment has been made/extended but in case the cause of the petitioner is covered under SRO 520 of 2017 the same shall be considered and processed accordingly.
vi. It is respectfully submitted that the respondent No: 5 engaged the petitioner vide order dated 29.09.2014 as C.P. need based worker in terms of circular dated 03.04.2012.
vii. It is submitted that the petitioner has been engaged as CP Worker in the department.
viii. It is submitted that the petitioner has been engaged as per Government Circular dated RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 14 :: TA 61/1111/2020 03.04.2012 and whenever the higher authorities direct the concerned Division to submit the list of persons engaged as C.P/ need based workers, in lieu of land donated, the same is submitted immediately.
ix. It is submitted that no representation of the petitioner is available with the respondents which supports his claims of having approached the department.
x. The petitioner has been engaged as CP worker and has also been paid up to 31.01.2016. No fraud has been committed by the respondents; the petitioner has been given the benefit as per agreement executed by the land donor with the department.
5. Heard learned counsel for parties at length. Perused the entire pleadings filed by the petitioner, annexures thereto, the reply statement filed by the respondents, and all documents on record including the original Gift Deed, Affidavit, and Agreement.
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 15 :: TA 61/1111/2020
6. The factual matrix of the present case is not unduly complex but reveals a clear breach of solemn promises made by public authorities. The petitioner's real uncle, Sh. Jagdev Singh, was the owner and possessor of land admeasuring 10 Marlas falling under Khasra No. 341 min situated at Netar Kothey, Barnai, Jammu. The Public Health Engineering (PHE) Department, facing an acute shortage of drinking water in the nearby locality, was in dire need of the said land to construct and operate a tube-well cum pump room building for supplying water to the residents. Instead of resorting to compulsory acquisition under prevailing land acquisition laws, which would have entailed monetary compensation and protracted proceedings, the PHE Department approached Sh. Jagdev Singh. He, in a spirit of public service, volunteered to donate the land free of cost to the department. However, this donation was not unconditional or gratuitous. On 08.07.2014, Sh. Jagdev Singh executed an Affidavit specifically nominating the petitioner, his nearest relative, for employment in the department in lieu of the land donation (Annexure-B). This was followed by a registered Gift Deed dated 06.08.2014, registered on 08.08.2014 (Annexure-A), which explicitly stipulated in clear and RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 16 :: TA 61/1111/2020 unambiguous terms that "The Donor has volunteered to donate the aforesaid land in favour of the Donee for the said purpose, provided the PHE Department shall provide a permanent employment to one of his (donor's) family member." Contemporaneously, on 08.08.2014, a formal Agreement was executed between Sh. Jagdev Singh, the petitioner, and Respondent No. 4 (Annexure-C), reiterating the commitment to provide permanent employment to the petitioner as the nearest relative of the donor in direct consideration of the land donation.
7. Despite these binding legal instruments, which constitute a clear quid pro quo arrangement, the respondents issued the impugned Government Order No. SEMU/TS-450/4413-16 dated 29.09.2014, whereby the petitioner was engaged merely as a Casual/Need-based (CP) Worker. This order directly contravenes the specific and registered terms of the Gift Deed and Agreement, which mandated permanent employment. The petitioner, upon learning of this order, was understandably shocked and immediately approached the department authorities, apprising them of the breach and seeking implementation of the promised permanent employment. The respondents gave repeated verbal RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 17 :: TA 61/1111/2020 assurances that the petitioner's case for regularization and permanent absorption was under active consideration and would be favorably decided shortly. However, these assurances proved hollow, and the petitioner, along with his uncle, continued to make representations without any tangible outcome, compelling him to institute the present writ proceedings in the Hon'ble High Court of J&K at Jammu, which stood transferred to this Tribunal as T.A. No. 1111/2020.
8. In their reply statement, the respondents have attempted to defend the impugned action by taking preliminary objections regarding maintainability of the petition, alleging suppression of material facts and unclean hands on the part of the petitioner. On merits, they admit the donation of land vide registered Gift Deed dated 06.08.2014 but contend that the same was made after the issuance of Government Circular No. 30/PW/Hyd dated 03.04.2012, which purportedly limits engagements in lieu of land donations to casual/need-based CP workers only. They claim that the petitioner was accordingly engaged vide the impugned order, which explicitly mentions "land donor / one person of the family member of the land donor is to be engaged as CP Worker in lieu of RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 18 :: TA 61/1111/2020 the land donated." The respondents further assert that no promise of permanent employment was ever made, that the petitioner has been paid wages up to 31.01.2016, and that no fraud has been committed. They conditionally state that if the petitioner's case is covered under SRO 520 of 2017, it would be considered accordingly. Notably, they have not disputed the authenticity of the Gift Deed, Affidavit, or Agreement placed on record by the petitioner, nor have they produced any document evidencing that Sh. Jagdev Singh was ever informed or agreed to the limitations of the 2012 Circular at the time of donation.
9. The core issue before this Tribunal is whether the respondents are legally bound by the specific terms of the registered Gift Deed and contemporaneous Agreement to provide permanent employment to the petitioner, or whether they can take shelter under a general circular issued prior to the donation. In the instant case, the Gift Deed is not a bare gratuitous transfer but contains a specific conditional clause making permanent employment to a family member the explicit consideration for the donation. This transforms the transaction into a bilateral enforceable contract where past voluntary action (donation) is RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 19 :: TA 61/1111/2020 supported by antecedent promise (employment). The doctrine of promissory estoppel, as expounded by the Hon'ble Supreme Court in Motilal Padampat Sugar Mills Co. Ltd. v. State of U.P. (1979), applies in full vigor here. The PHE Department, a public authority, made a clear and unambiguous promise of permanent employment, which induced the donor to part with valuable land worth potentially lakhs of rupees gratis, leading to detrimental reliance. The department has since accepted the benefit by constructing and operationalizing the tube-well on the donated land. To permit retraction now would perpetrate grave injustice, which equity and good conscience forbid. Public authorities cannot blow hot and cold or approbate and reprobate to the detriment of citizens acting on their promises.
10. The respondents' reliance on Circular dated 03.04.2012 is wholly misconceived and cannot override the specific, subsequent, and registered agreements between the parties. The donation occurred in August 2014, well after the circular, and the parties consciously chose to execute documents stipulating permanence, thereby superseding any general executive instructions. The impugned order, by engaging the petitioner only on casual/need-
RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 20 :: TA 61/1111/2020 basis, frustrates the very object of the Gift Deed, rendering it arbitrary, unreasonable, and violative of Article 14 of the Constitution of India, which mandates equality before law and equal protection. Similarly, denial of permanence despite due entitlement infringes Article 16, ensuring equality of opportunity in public employment. The respondents' conditional reference to SRO 520 of 2017, which provides for regularization of certain need- based workers including those engaged in lieu of land donations, further bolsters the petitioner's case, as his engagement falls squarely within its ambit.
11. The preliminary objections lack merit. There is no suppression of facts; on the contrary, the petitioner has placed all material documents on record, whose authenticity is not contested. The absence of written representations does not negate the admitted oral assurances or the core breach. The petitioner has pursued the only efficacious remedy available, as departmental remedies would be futile given the consistent non-compliance.
12. In view of the foregoing cogent reasons, the Transfer Application is allowed. The impugned Government Order No. RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30' :: 21 :: TA 61/1111/2020 SEMU/TS-450/4413-16 dated 29.09.2014 is quashed and set aside to the extent it engages the petitioner as a casual/need-based worker instead of permanent employment. The respondents are directed to forthwith grant permanent employment to the petitioner in an appropriate Class-IV post (such as Helper or equivalent to CP Worker) in the PHE Department within a period of twelve weeks from the date of receipt of a certified copy of this judgment, with notional seniority from 29.09.2014. The petitioner shall be entitled to all consequential benefits
13. No order as to costs. The Transfer Application shall stand disposed of accordingly.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA) Administrative Member Judicial Member /RS Pathania/ RAJAT SINGH PATHANIA RAJAT SINGH C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Stenographer Grade D, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df2516f9d70fe, SERIALNUMBER= c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f223826, [email protected], PATHANIA CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.24 10:54:32+05'30'