Central Administrative Tribunal - Jammu
Sanjay Kumar vs Directorate Of School Education Ut Of ... on 9 February, 2026
:: 1 :: TA 7647/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 7647/2020
Reserved on: - 15.09.2025
Pronounced on: 09.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Sanjay Kumar S/O Shri Babu Ram R/O Village Garhi Bishnah, Post
Office Jourian, Tehsil Khour, District Jammu, aged 39 years.
...Applicant
(Advocate: - Mr. D.S. Chauhan)
Versus
1. State of Jammu & Kashmir through its Commissioner/Secretary to
Government, School Education Department, J&K Government, Civil
Secretariat, Srinagar.
2. Director School Education, Jammu.
3. Chief Education Officer, Jammu.
4. Principal, Government Higher Secondary School Jourian.
...Respondent
(Advocate: - Mr. Sudesh Magotra, Ld. AAG)
Digitally signed by
HARSHIT YADAVHARSHIT YADAV
:: 2 :: TA 7647/2020
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.3241/2019 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7647/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
A) WRIT OF MANADMUS directing and commanding the Respondents to accord sanction to the change of designation of the Writ Petitioner as 'Laboratory Bearer' in the pay-scale of Rs.
4440/- -Rs. 7440/- with Grade Pay of Rs. 1300/- under Ex- Serviceman Category from 'Peon' and grant him all the benefits as admissible under rules;
(B) WRIT OF PROHIBITION directing and commanding the Respondents to desist and refrain from depriving the Petitioner of the benefits of Laboratory Bearer;
(C) Any other Writ, Order or Direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the Writ Petitioner. The costs of the Writ Petition (Service) be also awarded in favour of the Writ Petitioner and against the Respondents.
3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -
Digitally signed by
HARSHIT YADAVHARSHIT YADAV :: 3 :: TA 7647/2020
a) The present Transfer Application arises out of SWP No. 3241/2019, which was initially filed before the Hon'ble High Court of Jammu & Kashmir at Jammu and, upon transfer, came to be registered as T.A. No. 7647/2020 before this Tribunal.
The applicant seeks redressal of his grievance relating to denial of change of designation from Peon to Laboratory Bearer in the School Education Department.
b) The applicant, Sanjay Kumar, was appointed as a Class-IV employee (Peon) in the School Education Department, District Cadre Jammu, pursuant to Advertisement Notification No. 02 of 2014 dated 19.08.2014, under the Ex-Serviceman category. His appointment was made vide Order No. CEOJ/Apptt/29448- 51 dated 11.10.2014, and he was posted at Government Higher Secondary School, Jourian.
c) It is the case of the applicant that he had passed his matriculation examination with science subjects and thereafter served in the Indian Army for more than 18 years, whereupon he was discharged in accordance with the relevant Army Rules. On account of his educational background and experience, he claims to be eligible for the designation of Laboratory Bearer Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 4 :: TA 7647/2020 under the Jammu & Kashmir School Education (Subordinate) Service Recruitment Rules, 2008.
d) The applicant asserts that under SRO 308 of 2008, various Class-IV designations such as Peon, Laboratory Bearer, Library Bearer, Gardener, Chowkidar, etc., fall within the same cadre, and that the post of Laboratory Bearer carries identical pay scale and grade pay as that of Peon. According to the applicant, the only distinction is functional, and therefore, his adjustment as Peon instead of Laboratory Bearer was erroneous, particularly when a vacancy of Laboratory Bearer was available in the institution where he was posted.
e) The applicant further contends that from the year 2017 onwards, he has been repeatedly representing to the authorities seeking change of his designation from Peon to Laboratory Bearer. His representation dated 27.03.2017 was forwarded by the office of the Hon'ble Minister for School Education to the Director School Education, Jammu, which, in turn, sought a report from the Chief Education Officer, Jammu.
f) The Chief Education Officer, Jammu, vide communication dated 27.05.2017, informed that change of designation from Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 5 :: TA 7647/2020 one Class-IV category to another stood banned in view of SRO 308 of 2008, since all Class-IV employees had been clubbed into a single cadre. The applicant, however, persisted with his claim and again submitted a representation in the year 2019 through proper channel.
g) The Principal, Government Higher Secondary School, Jourian, while forwarding the representation, specifically conveyed that one post of Laboratory Bearer was lying vacant in the institution and recorded a No Objection to the applicant being adjusted against the said post, noting that the applicant possessed the requisite academic background and competence to discharge the duties of Laboratory Bearer.
h) Despite such recommendation from the institution level, the applicant's request remained undecided, compelling him to approach the High Court by way of writ petition. The grievance projected is that denial of change of designation has adversely affected his service prospects, particularly promotional avenues to the post of Laboratory Assistant, which, under the Recruitment Rules, is fed from the cadre of Laboratory Bearers. Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 6 :: TA 7647/2020
i) It is on these factual assertions that the applicant seeks issuance of a writ of mandamus directing the respondents to accord sanction to the change of designation from Peon to Laboratory Bearer with all consequential benefits.
4. The respondents have filed their reply statement wherein they have averred as follows: -
a) The respondents have filed their reply opposing the application, primarily on the ground that the applicant has not suffered infringement of any legal, statutory, or fundamental right warranting interference by this Tribunal.
b) It is contended that after the promulgation of SRO 308 of 2008 dated 16.10.2008, all Class-IV employees of the School Education Department, irrespective of their designation, were brought under a single unified cadre for the purposes of seniority and promotion. Consequently, the question of change of designation from Peon to Laboratory Bearer does not survive under the existing statutory framework.
c) The respondents submit that prior to SRO 308 of 2008, different Class-IV designations had distinct promotional Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 7 :: TA 7647/2020 avenues; however, post-2008, all Class-IV employees constitute a common feeding cadre for promotion to the posts of Laboratory Assistant, Library Assistant, and Junior Assistant, subject to fulfillment of eligibility conditions.
d) It is further averred that promotions from Class-IV are effected strictly on the basis of seniority-cum-eligibility and not on the basis of the initial designation. For promotion as Junior Assistant, qualifying a type test is mandatory; for Library Assistant, possession of a diploma in Library Science is required; and for Laboratory Assistant, promotion is governed by merit and seniority from among eligible Class-IV employees.
e) The respondents emphasize that the applicant's case for change of designation was duly considered by the competent authorities in the year 2017 and was declined in view of the government ban on inter-designation changes within Class-IV posts. Thus, it is denied that the applicant's claim has remained unattended or arbitrarily ignored.
f) It is also pleaded that the applicant has approached the Tribunal without clean hands and has attempted to mislead the forum by Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 8 :: TA 7647/2020 projecting a non-existent right to change of designation, despite being fully governed by SRO 308 of 2008.
g) On these premises, the respondents submit that the application is devoid of merit, does not disclose any enforceable legal right, and is liable to be dismissed.
5. Heard learned counsel for the parties and perused the material available on record.
6. The present Transfer Application, originally filed as SWP No. 3247/2019 before the Hon'ble High Court of Jammu & Kashmir and transferred to this Tribunal consequent upon constitution of the Central Administrative Tribunal, Jammu Bench, raises a narrow yet significant question touching upon administrative fairness, legitimate expectation and correct application of statutory service rules governing Class-IV employees of the School Education Department.
7. The applicant was appointed as a Class-IV employee (Peon) under the Ex-Serviceman category pursuant to Advertisement Notification No. 02 of 2014 dated 19.08.2014 and appointment order dated 11.10.2014 issued by the Chief Education Officer, Jammu. It is not in dispute that the applicant is a matriculate with science subjects and also possesses Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 9 :: TA 7647/2020 graduation equivalence on account of long and meritorious service in the Indian Army exceeding eighteen years. It is equally undisputed that at the time of his appointment and posting at Government Higher Secondary School, Jourian, a sanctioned post of Laboratory Bearer was available and lying vacant in the said institution, which fact stands officially certified by the Principal of the school, who also conveyed a categorical No Objection for the applicant's adjustment against the said post.
8. The applicant's grievance is not for appointment to a higher post nor for grant of higher pay or promotional benefit dehors the rules. His limited and consistent claim, as borne out from the pleadings and contemporaneous representations, is for correction of his functional designation from "Peon" to "Laboratory Bearer", both admittedly being Class-IV posts carrying identical pay scale and grade pay under the Jammu & Kashmir School Education (Subordinate) Service Recruitment Rules, 2008. The applicant asserts that denial of such adjustment is arbitrary, ignores institutional requirements, and has the effect of adversely impacting his future promotional avenues, particularly to the post of Laboratory Assistant, which statutorily Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 10 :: TA 7647/2020 draws its feeder cadre from Class-IV employees performing laboratory-related duties.
9. The respondents, on the other hand, have resisted the claim by placing heavy reliance on SRO 308 of 2008, contending that after promulgation of the said Rules, all Class-IV designations were clubbed into a single cadre and change of designation from one Class- IV post to another stands banned. It is also contended that promotional avenues are no longer designation-specific and are governed only by seniority and eligibility, thereby rendering the applicant's grievance misconceived.
10. Having heard learned counsel for the parties and upon careful perusal of the pleadings and record, this Tribunal is of the considered view that the respondents have misconstrued both the scope and the object of SRO 308 of 2008, and that their stand suffers from non-application of mind and excessive technicality.
11. It is true that SRO 308 of 2008 brought various Class-IV posts under a unified cadre for the purpose of seniority and promotion. However, nothing in the said Rules prohibits administrative adjustment of a Class-IV employee against an existing sanctioned post within the same cadre, particularly when such adjustment neither alters pay scale Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 11 :: TA 7647/2020 nor confers any undue advantage contrary to the Recruitment Rules. The embargo contemplated under the Rules is against arbitrary cadre hopping or creation of promotional advantage by redesignation; it does not bar functional deployment or rational designation consistent with institutional needs and employee qualifications.
12. The distinction between cadre and designation cannot be obliterated. While cadre determines service conditions, designation reflects functional allocation. Even after unification of Class-IV cadre, posts such as Laboratory Bearer, Library Bearer and Peon continue to exist as sanctioned functional posts in schools, and duties attached thereto are institution-specific. A school having laboratories necessarily requires a Laboratory Bearer, and adjustment of a suitably qualified Class-IV employee against such a post serves administrative efficiency rather than undermining the Rules.
13. The record reveals that the applicant has been consistently seeking such adjustment since 2017, and that the Principal of the institution, being the authority best placed to assess functional requirement, has unequivocally supported the applicant's claim. The respondents have not disputed the availability of the post, nor have they demonstrated any administrative prejudice that would be caused by granting the Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 12 :: TA 7647/2020 adjustment. Their rejection is founded solely on a mechanical interpretation of SRO 308 of 2008, without appreciating that the applicant's claim does not seek promotion, seniority advantage, or pay upgradation.
14. It is also relevant to note that administrative authorities are bound to act fairly, reasonably and in a manner that promotes legitimate expectation. When an employee possesses the requisite qualification, a sanctioned post is available, and the institutional head recommends adjustment, refusal without cogent reasons amounts to arbitrariness. Administrative discretion cannot be exercised to defeat equity when no rule is violated.
15. Further, the apprehension expressed by the respondents regarding promotional avenues is misplaced. Adjustment of the applicant as Laboratory Bearer does not automatically entitle him to promotion as Laboratory Assistant. Promotion would still be governed strictly by the Recruitment Rules, seniority and eligibility conditions. The adjustment merely ensures that the applicant is not functionally mis- classified in a manner that frustrates his legitimate career progression under the Rules.
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16. Courts and Tribunals have consistently held that where two interpretations of service rules are possible, the one advancing fairness, equity and purposive construction must prevail over a rigid and pedantic approach. The respondents' action, in the present case, reflects an abdication of such responsibility.
17. In view of the above discussion, this Tribunal holds that the applicant has made out a clear case for relief. Denial of change of designation from Peon to Laboratory Bearer, despite availability of a sanctioned post, institutional recommendation, identical pay structure and absence of any statutory prohibition, is arbitrary and unsustainable in law.
18. Accordingly, the Transfer Application is allowed. The respondents are directed as under:
a) To accord sanction to the change of designation of the applicant from "Peon" to "Laboratory Bearer" against the available sanctioned post at Government Higher Secondary School, Jourian, within a period of 12 weeks from the date of receipt of a copy of this judgment.
b) Such change of designation shall be treated as administrative adjustment within the same Class-IV cadre, without disturbing Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 14 :: TA 7647/2020 the applicant's seniority in the unified Class-IV cadre and without conferring any automatic promotional benefit.
c) The applicant shall be entitled to all consequential service benefits attached to the designation of Laboratory Bearer, strictly in accordance with the applicable Recruitment Rules.
d) It is clarified that future promotion of the applicant shall be considered strictly as per rules, seniority and eligibility, and this adjustment shall not be construed as a direction for promotion.
19. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by
HARSHIT YADAVHARSHIT YADAV