Central Administrative Tribunal - Jammu
Bishan Dass vs D/O General Administration Ut Of J&K on 2 February, 2026
:: 1 :: O.A. No. 1165/2020
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 1165/2020
Reserved on:- 10.11.2025
Pronounced on: - 02.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Bishan Dass age 39 years
S/o Sh. Mulkh Raj
R/o Village Harnota, Tehsil Billawar
District Kathua-184203
2. Fareed Ahmed age 40 years
S/o Nizam Din
R/o Village Bandanoo, Thathri, District Doda-182203
3. Joginder Lal age 38 years
S/o Sh. Tilak Raj
R/o Salehar, Tehsil Bishnah District Jammu-181111
4. Manoj Kumar age 45 years
S/o Sh. Nand Kishore
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
I am the author of this document
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R/o Soma Vihar, Rajpura Mangotrian, Jammu-180001
5. Rahoof Ahmed age 34 years
S/o Jalaldin
R/o Chandak narhad, Tehsil Haveli District Poonch185101
6. Satish Kumar age 46 years
S/o Sh. Sardari Lal
R/o Khara Madan, Tehsil and District Samba-184120
7. Kuldeep Singh age 39 years
S/o Sh. Krishan Singh
R/o Village Upper Thanoa, Udhampur-182124
8. Ranjit Singh age 35 years
S/o Sh. Bishan Dass
R/o Village Satyalta, Tehsil Chenani District Udhampur-182141
9. Raju Ram age 38 years
S/o Sh. Mahinder Ram
R/o Village Dohal, Tehsil Akhnoor District Jammu-181202
10. Suresh Kumar age 51 years
S/o Sh. Kirpa Ram
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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R/o Shiny Fresh Baking, Tehsil Kalakote District Rajouri-185202
11. Javed Iqbal Khan age 47 years
S/o Mohd. Afzal Khan
R/o Maidan-e-Chogal, Handwara-193221-
12. Arfan Ahmed Zargar age 35 years
S/o Ab. Bari Zargar
R/o P.O Warerhail, Khansahib,
Budgam-191111
13. Ghulam Mohd. Hajam age 46 years
S/o Mohd. Hajam
R/o Maidan-e-Chogal, Handwara-193221.
14. Mohd. Irfan Khandey age 39 years
S/o Mohd. Akbar Khandey
R/o Sunder Dachan, C/o Muzzaffar, Manzil, Magarmal Bagh,
Srinagar-182205
15. Fayaz Ahmed Shah age 41 years
S/o Ghulam Mohd. Shah
R/o Hakripora, PO Newa District Pulwama-192301
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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16. Manzoor Ahmed Tandoli age 43 years
S/o Mahmood Tandoli
R/o Wudder Kangan,
P.O Kangan-192102
17. Javed Ahmed Mir age 40 years
S/o Abdul Razak ir
R/o Rain Chegund Dooru, Anantnag-192212
18. Mushtaq Ahmed Sheikh age 40 years
S/o Gh. Mohammed Sheikh
R/o Ashtangoo, Bandipora193502
...Applicants
(By Advocate: - Mr. Abhinav Sharma, Sr. Adv.)
VERSUS
1. Union Territory of J&K, Through Secretary to Govt., General
Administration Department, Civil Secretariat, Srinagar.- 190001/
180001
2. Secretary to Govt.
Department of Law, Justice and Parliamentary Affairs, Civil
Secretariat, Srinagar. 190001
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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...Respondents
3. Ms. Summaria Maqbool
D/o Mohd. Maqbool
R/o K.P Bagh Chadoora, Budgam., 191111
4. Mir Mohd. Iqbal
S/o Gh. Nabi Mir
R/o Dasara Tral, Pulwama,
192301
5. Owais Rashid Hajam
S/o Ab. Rashid Hajam
R/o Deeri Hardpora, Pulwama.
192301
6. Buqeerat Shaheen
D/o Riyaz Ahmad Gundroo
R/o towheed Abad, Bemina, Srinagar-190001
7. Shabir Ahmad Ahanger
S/o Gh. Ahmad Ahanger R/o Khanyar, Srinagar-190001
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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8. Shabnum Ara
D/o Gh. Ahmad Band
R/o Kululoo, Pulwama-192301
9. Nazia Nazir Makhdoomi
D/o Nazir Ahmad Makhdoomi
R/o Raniwari, Srinagar-190001
10. Mukhtar ahmad Rather
S/o Mohd. Ramzan Rather
R/o Ikhrajpora, Srinagar-190001
11. Umar Mehraj Jan
S/o Mehraj-ud-Din Jan
R/o Ajas Sonawari, Bandipora-193502
12. Mohd. Younues Parey
S/o Ab. Gani Parey
R/o Chersoo Awantipora-192122
13. Umar Gulzar
S/o Gulzar Ahmad Zarger
R/o ArmMasjid Khanyar, Srinagar-190001
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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14. Feroz Ahmad Mir
S/o Mohd. Abdulah Mir
R/o Janwara Sopore, Baramulla-193101
15. Shafiq Ahmad
S/o Hakeem Noor-ud-Din
R/o Gulab Bagh, Ganderbal-191201
16. Mohd. Yaqoob Bhat
S/o Ab. Aziz Bhat
R/o Alamdar Colony, Chadoora, Budgam-191111
17. Mudassir Majid Bhat
S/o Ab. Majid Bhat
R/o Safapora Lar Ganderbal-191201
18. Nissar Ahmad Dar
S/o Mohd. Ismail Dar
R/o Nikas Pulwama-192301
19. Sakeena Siraj
D/o Siraj-ud-Din
R/o Rehbaba Sahib Ali Kadal,
Srinagar-190001
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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20. Khalid Abbas
S/o Siraj-ud-Din Shah
R/o Zawoora Shopian-192303
21. Bashir Ahmad Sofi
S/o Ali Mohd. Sofi
R/o Hushroo Chadoora, Budgam-191111
22. Bashir Ahmad Magray
S/o Wali Mohd. Magray
R/o Kandi Khass Handwara-193221
23. Gh. Mohi-ud-Din Mir
S/o Gh. Rasool Mir
R/o Dahama Handwara, Kupwara-193222
24. Hafizullah Chachet
S/o Habibullah Chachet
R/o Wanpora Gurez Bandipora-193502
25. Tariq Iqbal Bhat
S/o Ab. Rashid Bhat
R/o Keran Kupwara-193222
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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26. Arvind Parshad
S/o Rajinder Parsad Sharma
R/o Kanhal / Upper Bishnah, Jammu-181132
27. Waseem Ahmad
S/o Mushtaq Ahmad
R/o Thuroo Mahore, Reasi.-182311
28. Rajesh Kumar
S/o Ashok Kumar
R/o Refugee Basti, HiranagarKathua-184101
29. Lucky Khajuria
S/o Dharampal
R/o Damyal, Hiranagar-184101
30. Saddam Ahmad Malik
S/o Sharief Hussain
R/o Channi Rama, Jammu-180001
31. Rahul Panotra
S/o Vishember Dass
R/o Pandrah, Kathua-184101
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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32. Gowardhan
S/o Munshi Ram
R/o New Plot, Jammu-18501
33. Nischal Mahajan
S/o Manohar Lal
R/o Main Chowk Bari Brahmana. 181133
34. Sukhwinder Singh
S/o Amar Singh
R/o Kana Chak, Jammu. /8000/
35. Rakesh Kumar
S/o Soam Nath
R/o Lopara Kishtwar-182204
36. Mohd. Irfan
S/o Ab. Rashid
R/o Beril, Billawar, Kathua-184101
37. Sushil Kumar
S/o Hushair Singh
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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R/o Shaiya Seri Baderwah-182222
38. Jasbir Singh
S/o Jagdish Singh
R/o Gharmalli, Billawar-184204
39. Umersh Kumar
S/o Ganishyam
R/o Ward No. 5, Billawar, Kathua-184204
40. Arun Kumar
S/o Chajju Ram
R/o Salehar, R.S. Pura-181102
41. Parvez Ahmad
S/o Ab. Rashid
R/o Thuroo, Mahore-182315
42. Amar Farooq
S/o Munir Ahmad
R/o Sehora, Jammu-180001
...Private Respondents.
(By Advocate: - Mr. Sudesh Magotra, ld. A.A.G.)
HARSHIT YADAV
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=harshityadav999@
gmail.com, CN=HARSHIT YADAV
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) allow the instant original application;
b) direct the respondents to reckon the seniority of the applicants
in the J&K Law Officers (Subordinate) Service constituted under J&K Law Officers (Subordinate) Service Recruitment Rules, 1990 w.e.f from the dates the applicants were initially appointed in J&K Accountability Commission w.e.f 12.04.2006;
c) direct the respondents to treat the applicants Law of J&K members as Officers (Subordinate) Service Recruitment Rules, 1990 w.e.f the aforesaid dates i.e. from the dates the applicants were initially appointed in J&K Accountability Commission;
HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 13 :: O.A. No. 1165/2020
d) direct the respondents to consider and consequently promote the applicants Junior Assistants from the date, when the Orderlies, Chowkidars and Jamadars who were initially appointed in J&K Law Officers (Subordinate) Service and were promoted as Junior Assistants in the aforesaid service; and
e) Any other writ, command, order or direction, which this Hon'ble Court may consider just and fair in the facts and circumstances of the case."
2. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The applicants, eighteen in number, were appointed against various Class-IV posts such as Orderlies, Home Orderlies and Chowkidars in the erstwhile Jammu and Kashmir Accountability Commission pursuant to an advertisement issued in December, 2005. The Accountability Commission itself was constituted under the Jammu and Kashmir Accountability Commission Act, 2002, which empowered the HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 14 :: O.A. No. 1165/2020 Government to establish the Commission and to provide it with necessary staff for discharging its statutory functions. In exercise of powers under Section 30 of the said Act, the Jammu and Kashmir Accountability Commission Rules, 2005 were framed, providing the framework for appointment of the Secretary and other staff of the Commission.
b) In furtherance of the establishment of the Commission, the Government accorded sanction for its constitution vide SRO 154 dated 02.06.2005. Thereafter, the Department of Law, Justice and Parliamentary Affairs sanctioned the creation of various Class-IV posts for the Commission through Government Orders dated 22.07.2005 and 16.09.2005, which included posts of Orderlies, Home Orderlies, Chowkidars and Jamadars. Subsequently, the General Administration Department authorized the Commission to fill up the said Class-IV posts vide Government Order dated 14.09.2005.
c) Pursuant thereto, the Accountability Commission issued an advertisement notice dated 01.12.2005 inviting applications for HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 15 :: O.A. No. 1165/2020 appointment to the sanctioned Class-IV posts. The applicants, being eligible, applied and were selected through a regular selection process. Based on the recommendations of the Selection Committee, the applicants were appointed vide various orders dated 12.04.2006 against their respective posts. After completion of the prescribed probation period and upon satisfactory assessment of their conduct and performance, the services of the applicants were regularized vide order dated 15.02.2008 with effect from the date of their initial appointment, i.e., 12.04.2006, though it was indicated that their seniority would be fixed separately.
d) During the course of service, the applicants were granted the benefit of higher standard pay scale under SRO 14 of 1996 after completion of the requisite period of service, and orders to that effect were issued in April, 2015. A tentative seniority list of the applicants was also issued by the Accountability Commission in April, 2018, which was duly endorsed to the Law Department.
HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 16 :: O.A. No. 1165/2020
e) Upon enactment of the Jammu and Kashmir Reorganization Act, 2019, the Accountability Commission was repealed and wound up. Vide Government Order dated 23.10.2019, sanction was accorded for winding up of the Commission with effect from 31.10.2019, and all staff posted therein were directed to report to their respective Administrative Departments. In compliance thereof, the applicants reported to the Department of Law, Justice and Parliamentary Affairs and have since been discharging their duties under that Department.
f) The grievance of the applicants is that despite having been appointed in the year 2006 and having rendered long and continuous service, they have not been treated as members of the Jammu and Kashmir Law Officers (Subordinate) Service, nor has their seniority been reckoned from the date of their initial appointment. It is alleged that private respondents, who were appointed as Class-IV employees in the Law Department much later, pursuant to an advertisement issued in 2009 and appointments made in 2011, have been promoted or placed as HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 17 :: O.A. No. 1165/2020 Incharge Junior Assistants in 2014, thereby superseding the applicants. Claiming that the administrative control over them was always exercised by the Law Department and that they stand discriminated against vis-à-vis their juniors, the applicants have approached this Tribunal seeking fixation of seniority, inclusion in the subordinate service cadre, and consideration for promotion from a retrospective date.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents have contested the Original Application by raising preliminary objections regarding maintainability, asserting that no legal or fundamental right of the applicants has been infringed so as to warrant the exercise of jurisdiction by this Tribunal. It is further contended that the applicants lack any enforceable cause of action.
b) On merits, it is submitted that the Jammu and Kashmir Accountability Commission was a statutory body constituted HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 18 :: O.A. No. 1165/2020 under the Accountability Commission Act, 2002, and the terms and conditions of service of its employees were governed exclusively by the provisions of the said Act and the Rules framed thereunder. Section 25 of the Act clearly provided that the officers and employees of the Commission were subject to the exclusive administrative control and direction of the Accountability Commission itself, and not of the Law Department or any other Department.
c) It is further submitted that the posts against which the applicants were appointed were specifically created for the Accountability Commission and formed part of its independent establishment. The appointments of the applicants were made strictly in accordance with the procedure prescribed for the Commission, and not under the Jammu and Kashmir Law Officers (Subordinate) Service Recruitment Rules, 1990.
Consequently, the applicants cannot claim membership of, or seniority within, the subordinate service cadre of the Law Department.
HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 19 :: O.A. No. 1165/2020
d) The respondents have also pointed out that the Recruitment Rules of 1990, under which the applicants seek relief, stood repealed by SRO 225 of 2019, and therefore any claim based upon the said Rules is legally untenable. It is contended that the applicants have taken mutually contradictory stands by claiming to be employees of the Law Department while simultaneously seeking benefit under repealed service rules.
e) It is further averred that upon winding up of the Accountability Commission pursuant to the Jammu and Kashmir Reorganization Act, 2019, the staff of the Commission, including the applicants, was treated as surplus staff. The matter regarding their deployment and continuation was examined in consultation with the Finance Department and the General Administration Department. The Finance Department advised that such staff should remain a separate entity, continue to draw pay in their existing scale, and should not be merged with any cadre. It was further advised that such employees may be HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 20 :: O.A. No. 1165/2020 deployed against available posts, but without altering their cadre status or granting them seniority in the host department.
f) The respondents submit that similarly situated employees of other abolished commissions, such as the State Human Rights Commission and other statutory bodies, have also been deployed in various departments without being absorbed into the cadre or granted promotional benefits. The case of the applicants, therefore, cannot be treated in isolation.
g) On these grounds, the respondents have denied the allegations of discrimination or arbitrariness and have prayed for dismissal of the Original Application as being devoid of merit.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. The core issue that arises for consideration in the present Original Application is whether the applicants, who were initially appointed as Class-IV employees in the erstwhile Jammu and Kashmir Accountability Commission in the year 2006, are entitled to have their seniority reckoned in the Department of Law, Justice and HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 21 :: O.A. No. 1165/2020 Parliamentary Affairs from the date of their initial appointment in the Accountability Commission, and whether they can claim parity and promotion over private respondents who were appointed in the Law Department at a later point of time.
6. The factual position, which is largely undisputed, is that the applicants were appointed against posts specifically created for the Jammu and Kashmir Accountability Commission, a statutory body constituted under the Jammu and Kashmir Accountability Commission Act, 2002. Their appointments were made pursuant to an advertisement issued by the Accountability Commission, they were selected by a Selection Committee constituted for the said Commission, and their services were governed by the provisions of the Accountability Commission Act, 2002 and the Rules framed thereunder.
7. A careful reading of Section 25 of the Accountability Commission Act, 2002 makes it manifest that the staff of the Commission were under the exclusive administrative control and direction of the Accountability Commission. Merely because the establishment of the Commission and creation of posts were sanctioned through HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 22 :: O.A. No. 1165/2020 Government Orders issued by the Department of Law, Justice and Parliamentary Affairs, it does not ipso facto lead to the conclusion that the applicants were members of the cadre of the Law Department. Administrative facilitation or sanctioning authority cannot be equated with cadre control or absorption into a departmental service.
8. It is also significant to note that the applicants were never appointed under the Jammu and Kashmir Law Officers (Subordinate) Service Recruitment Rules, 1990. Their appointments were not made against any sanctioned post borne on the cadre of the Law Department, nor were they subjected to the recruitment process prescribed under the said Rules. In fact, the Recruitment Rules of 1990 themselves stood repealed by virtue of SRO 225 of 2019, and therefore no enforceable right can be claimed by the applicants under a repealed statutory framework.
9. The plea of the applicants that they were all along treated as employees of the Law Department is also not borne out from the record. The material placed on record demonstrates that the applicants were borne on the establishment of the Accountability Commission HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 23 :: O.A. No. 1165/2020 and continued to remain so till the Commission was wound up pursuant to the Jammu and Kashmir Reorganization Act, 2019. Their deployment in the Law Department after the winding up of the Commission was not by way of absorption or merger into the cadre of the Law Department, but only as a consequence of administrative adjustment of surplus staff.
10. The Government Order dated 23.10.2019, whereby the Accountability Commission was wound up, merely directed that the staff shall report to their concerned Administrative Departments. This reporting was for the limited purpose of deployment and continuation of service and cannot be construed as a conferment of cadre status, seniority or promotional entitlement in the receiving department. Seniority is a civil right which flows strictly from appointment to a cadre in accordance with the applicable recruitment rules, and not from mere deployment or posting.
11. The stand taken by the respondents is further fortified by the advice of the Finance Department and the General Administration Department, which categorically clarifies that the staff of wound-up commissions HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 24 :: O.A. No. 1165/2020 are to be treated as surplus staff, shall continue as a separate entity, and shall not be merged with any existing cadre. Such employees may be utilized against available posts, but without disturbing the cadre structure or seniority of regularly recruited employees of the department concerned.
12. The claim of the applicants for seniority over the private respondents is also misconceived. The private respondents were appointed against Class-IV posts in the Law Department pursuant to a separate advertisement and selection process, and their appointments were made in accordance with the applicable recruitment rules governing the Law Department. Promotion or placement of the private respondents as Incharge Junior Assistants was based on their position in the departmental seniority and availability of posts. The applicants, not being members of the same cadre, cannot seek comparison or parity with the private respondents.
13. It is a settled principle of service jurisprudence that seniority cannot be claimed from a date anterior to the date of entry into a particular cadre or service. Even assuming that the services of the applicants are HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 25 :: O.A. No. 1165/2020 being utilized in the Law Department after the winding up of the Accountability Commission, their seniority, if at all admissible, can only be reckoned from the date they actually joined and were deployed in the Law Department, and not from the date of their initial appointment in a distinct and independent statutory body.
14. Granting the reliefs sought by the applicants would amount to disturbing the settled seniority of regular employees of the Law Department and would create an anomalous situation where employees appointed under a different statute and recruitment mechanism are retrospectively injected into an existing cadre without following the prescribed rules. Such an exercise is impermissible in law.
15. In view of the foregoing discussion, this Tribunal finds no merit in the claims raised by the applicants. The applicants were appointed to posts borne on the establishment of the erstwhile Jammu and Kashmir Accountability Commission and were governed by a distinct statutory regime. Their deployment in the Department of Law, Justice and Parliamentary Affairs after the winding up of the Commission does HARSHIT YADAV 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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30' :: 26 :: O.A. No. 1165/2020 not confer upon them any right to claim seniority, cadre membership, or promotion from a date prior to their actual joining in the Law Department.
16. Accordingly, the Original Application is dismissed.
17. It is, however, clarified that the seniority of the applicants, if required to be maintained for administrative purposes within the Department of Law, Justice and Parliamentary Affairs, shall be reckoned only from the date they joined and were deployed in the said Department pursuant to the winding up of the Accountability Commission, and not from the date of their initial appointment in the Accountability Commission. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
HARSHIT YADAV
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=harshityadav999@ gmail.com, CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:46:06+05'30'