Central Administrative Tribunal - Jammu
Upinder Chohan vs D/O Public Health Engineering Ut Of ... on 4 February, 2026
:: 1 :: TA 560/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 560/2020
Reserved on: - 17.10.2025
Pronounced on: - 04.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Upinder Chohan, Age 39 years, S/o Late Narinder Nath Chohan, R/o
Ward No.4, Samba Tehsil & District Samba.
...Petitioner
(Advocate: - Mr. M.K. Bhardwaj)
Versus
1. State of J&K through Commissioner/Secretary to Government,
Public Health Engineering Department, Civil Secretariat, Srinagar.
2. Chief Engineer, Public Health Engineering Department, Jammu.
...Respondents
(Advocate:- Mr. Rajesh Thapa, Ld. AAG)
Digitally signed by HARSHIT YADAV
HARSHIT
DN: 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 Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.05 10:36:16+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 2 :: TA 560/2020
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.2575/2019 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.560/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
a) "Certiorari: To quash and set aside the order impugned bearing No. PHEJ/GE/102/Eof219dated7.6.2019, by the issuance of writ, order or direction in the nature of certiorari.
b) Mandamus;-To command and direct the respondents to treat the petitioner as Class IV employee in terms of administrative approval granted by the Govt. vide order no.
PW/PHEJ/18/2003 dated 28/08/2003 with all consequential benefits i.e. seniority and promotion as junior Assistant with effect from the date of his entry in to Govt. Service.
c) Mandamus:- To commanding and direct the respondents to substantively regularize the promotion of the petitioner as Junior Assistant, by the issuance of the writ, order or direction in the nature of Mandamus.
d) Any other writ, order, command or directions which this Hon'ble Court may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the petitioner Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 3 :: TA 560/2020
3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -
a) The applicant, namely Upinder Chohan, is a permanent resident of the Union Territory of Jammu and Kashmir and is fully competent to invoke the jurisdiction of this Tribunal. The present Transfer Application arises out of SWP No. 2575/2018, originally filed before the Hon'ble High Court of Jammu and Kashmir at Jammu, wherein the applicant has assailed the legality of Order No. PHEJ/GE/102/E of 2019 dated 07.06.2019, by virtue of which his promotion as Junior Assistant, granted vide Order No. PHEJ/GE/214/E of 2016 dated 27.10.2016, has been rescinded ab initio, without notice, without hearing, and in blatant violation of the principles of natural justice.
b) The factual matrix reveals that the applicant's father, Late Shri Narinder Nath Chohan, was serving as a Driver in the Public Health Engineering Department, Division Samba, and unfortunately died in harness due to throat cancer. Consequent upon the said death, the applicant applied for compassionate Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: TA 560/2020 appointment under SRO-43 of 1994. The respondent department, after due consideration, recommended his case for appointment initially to the post of Junior Assistant; however, the Administrative Department, vide communication dated 28.08.2003, approved his appointment as a Class-IV employee in the pay scale of Rs. 2550-3200, clearly stipulating that if the applicant was type-knowing, he would be required to qualify the departmental type test for promotion as Junior Assistant.
c) Pursuant thereto, the applicant was appointed on compassionate grounds vide order dated 06.09.2003 as Motorman (Class-IV) in the PHE Department. It is an admitted position that the applicant is a Science Graduate and possessed adequate typing skills. From the very inception of his service in 2003, he was assigned clerical and typing duties, and continued to discharge such duties to the full satisfaction of his superiors. Despite the departmental type test being conducted in the year 2006, the applicant was not permitted to appear therein, compelling him and his family to submit representations highlighting the specific condition contained in the Government approval dated Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 560/2020 28.08.2003. No response was forthcoming, and the matter remained unattended.
d) In the year 2016, when the departmental type test was again conducted for promotion to the post of Junior Assistant from amongst Class-IV employees, the applicant was allowed to participate. He successfully qualified the test, whereafter the competent authority promoted him as In-charge Junior Assistant vide Order No. PHEJ/GE/214/E of 2016 dated 27.10.2016, under the departmental quota. Subsequently, he was also adjusted and posted as Junior Assistant in PHE Division Samba vide order dated 31.01.2017. From 2016 onwards, the applicant has continuously and uninterruptedly worked as Junior Assistant, drawn salary against the said post, and performed all duties attached thereto, without any objection or adverse remark from the department.
e) After nearly three years of such continuous service, the applicant was taken by complete surprise when the respondents passed Order No. PHEJ/GE/102/E of 2019 dated 07.06.2019, rescinding his promotion retrospectively and ab initio.
Digitally signed by HARSHIT YADAVHARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 560/2020 Significantly, the impugned order was never served upon him, nor was any show-cause notice or opportunity of hearing afforded prior to taking such drastic action involving serious civil consequences. Even after passing the impugned order, the applicant continued to discharge duties as Junior Assistant, and his attendance and salary bills reflect the same.
f) The applicant contends that the impugned action is arbitrary, illegal, violative of Articles 14 and 16 of the Constitution of India, contrary to Rule 33 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956, and wholly opposed to settled principles of natural justice. The applicant asserts that once he was promoted after qualifying the prescribed type test and allowed to function on the promotional post for several years, the respondents were estopped from rescinding the promotion retrospectively without following due process of law.
4. The respondents have filed their reply statement wherein they have averred as follows: -
Digitally signed by HARSHIT YADAVHARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 560/2020
a) The respondents, while opposing the Transfer Application, have raised preliminary objections contending that the application is misconceived, devoid of merit, and does not disclose any enforceable legal or constitutional right in favour of the applicant. It is asserted that the applicant was appointed as Motorman (Class-IV) vide order dated 06.09.2003 and that his placement as In-charge Junior Assistant vide order dated 27.10.2016 was contrary to the governing Recruitment Rules.
According to the respondents, the applicant's service is regulated by the Jammu and Kashmir Engineering Subordinate Service Recruitment Rules, 1977, notified vide SRO-180 of 1997, and the post of Motorman does not fall within the feeding cadre for promotion to the post of Junior Assistant/Typist under the said rules.
b) The respondents have further pleaded that although the Administrative Department, in its communication dated 28.08.2003, directed consideration of the applicant's appointment strictly in terms of SRO-43 of 1994, no approval was ever accorded for his promotion as Junior Assistant. It is Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 560/2020 contended that the applicable Recruitment Rules permit promotion to the post of Junior Assistant only from specified Class-V and Class-VI posts mentioned in the Schedule, subject to possession of the requisite typing speed, and since the post of Motorman is not included therein, the applicant was ineligible for promotion.
c) It is further stated that upon noticing the alleged irregularity, the matter was referred to the Administrative Department, which, vide letter dated 19.09.2018, directed the Chief Engineer, PHE Department, Jammu, to conduct an enquiry. After conducting such enquiry, the respondents claim to have rescinded the promotion order dated 27.10.2016 ab initio through the impugned order dated 07.06.2019. The respondents have justified the action by contending that an illegality cannot be allowed to perpetuate and that no right can accrue to an employee on the basis of an order passed in violation of statutory rules.
d) On merits, the respondents have largely admitted the factual chronology regarding the applicant's appointment, participation Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: TA 560/2020 in the type test, and issuance of promotion orders, but have denied that any legal right accrued in favour of the applicant. They have asserted that no violation of natural justice has occurred, as the cancellation of promotion was necessitated by statutory non-compliance, and have prayed for dismissal of the Transfer Application.
5. Heard learned counsel for the parties and perused the material available on record.
6. The present Transfer Application has its genesis in SWP No. 2575/2019 filed before the Hon'ble High Court of Jammu & Kashmir at Jammu, which stood transferred and registered before this Tribunal as the present T.A. The applicant seeks quashment of Order No. PHEJ/GE/102/E of 2019 dated 07.06.2019 whereby the respondents rescinded ab initio the applicant's promotion/placement as In-charge Junior Assistant granted vide Order No. PHEJ/GE/214/E of 2016 dated 27.10.2016, along with consequential directions to treat him as entitled to the promotional post with all benefits, including seniority and further promotion prospects.
Digitally signed by HARSHIT YADAV
HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: TA 560/2020
7. The facts are largely undisputed on chronology. The applicant's father, Late Shri Narinder Nath Chohan, was serving as Driver in PHE Division Samba and died in harness. The applicant applied for compassionate appointment under SRO-43 of 1994. The Administrative Department, vide communication dated 28.08.2003, conveyed approval for the applicant's appointment as a Class-IV employee, with a specific stipulation that if he was type-knowing he would have to qualify departmental type test for promotion as Junior Assistant. Consequent thereto, the applicant came to be appointed as Motorman (Class-IV) vide order dated 06.09.2003.
8. The applicant asserts, and it is not effectively disputed, that he possessed typing proficiency and was made to discharge typing/clerical work from the early period of service. A departmental type test conducted in 2006 did not include him, despite his request. In 2016, when the respondents again conducted the departmental type test for promotion to the post of Junior Assistant, the applicant was permitted to appear; he qualified the test; and accordingly the competent authority issued Order No. PHEJ/GE/214/E of 2016 dated 27.10.2016 promoting/placing the applicant as In-charge Junior Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: TA 560/2020 Assistant along with others, and thereafter he was adjusted in PHE Division Samba vide order dated 31.01.2017. The applicant continued to work as Junior Assistant uninterruptedly for about three years.
9. All of a sudden, the respondents issued Order No. PHEJ/GE/102/E of 2019 dated 07.06.2019 rescinding ab initio the promotion/placement order dated 27.10.2016. The applicant's consistent case is that the impugned order was passed without issuance of any show-cause notice, without furnishing reasons to him, and without affording any opportunity of hearing, even though the action visited him with grave civil consequences, i.e., withdrawal of a promotional post and stigma of alleged illegality after years of service on that post.
10. The respondents' principal defence is that the applicant's post of Motorman is governed by Recruitment Rules framed under SRO-180 of 1997, and the post is allegedly not a feeding cadre for promotion to Junior Assistant/Typist; therefore, the promotion order of 2016 was stated to be in violation of rules and could not be allowed to perpetuate. They further rely on a letter dated 19.09.2018 from the Administrative Department directing enquiry, followed by rescission order dated 07.06.2019. The respondents also take the broad plea that Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: TA 560/2020 "one wrong cannot be justified by another wrong" and thus the applicant cannot claim continuation.
11. The controversy, on the admitted facts, boils down to the following:
(i) whether the respondents could rescind the applicant's promotion/placement as In-charge Junior Assistant ab initio after about three years of uninterrupted service without notice and hearing; (ii) whether, in the facts of the present case, the impugned rescission can be sustained on the plea of "rule violation" when the department itself conducted the type test, declared him qualified, and promoted/posted him on the clerical post?
12. It is a settled principle of service jurisprudence that whenever an order entails civil consequences, particularly an action resulting in reduction in status, withdrawal of promotion, or reversion, the authority must adhere to the fundamentals of fairness and natural justice. Even when an employer asserts that an earlier order was irregular, the corrective action cannot be taken in a manner that is arbitrary, cryptic, or procedurally unfair. Natural justice is not an empty ritual; it ensures that before an employee's vested or accrued Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: TA 560/2020 service position is unsettled, the employee is told the precise grounds, given the material relied upon, and afforded an opportunity to rebut.
13. Testing the impugned order on the touchstone of the above, the record demonstrates that the applicant was promoted/placed as In-charge Junior Assistant on 27.10.2016 after being allowed to sit in the departmental type test and after qualifying it. He was thereafter adjusted and continued to discharge duties of Junior Assistant from 2016/2017 onwards. The respondents' own conduct, therefore, was not that of a department acting under any doubt; rather, the department treated the applicant as eligible, put him through the departmental process, issued a formal order, and thereafter took work from him as Junior Assistant for years. Such a long, uninterrupted continuance on the promotional post creates a strong legitimate expectation that his status will not be disturbed except by due process and for compelling reasons recorded in a speaking manner.
14. We find from the pleadings that the impugned rescission order was not preceded by any show-cause notice to the applicant and no hearing is shown to have been granted. The respondents may have conducted an internal enquiry, but an internal exercise cannot Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: TA 560/2020 substitute a fair opportunity to the affected employee. If the respondents believed that the applicant's promotion was contrary to recruitment rules, the minimum required was: (a) to issue a notice specifying the exact rule position and the precise defect; (b) to supply the relevant material; (c) to consider the applicant's explanation, including the fact that he qualified a departmental type test, served on the post uninterruptedly, and that the initial administrative approval itself contemplated his clerical progression upon type qualification; and (d) to pass a reasoned order. None of these essential safeguards are demonstrated on record.
15. The respondents' plea that "an illegality cannot be perpetuated" is a broad proposition, but it cannot be applied mechanically to destroy accrued service benefits in a manner that itself violates law. Even assuming the respondents were correct on the rule interpretation, the remedy lies in lawful correction and not in summary cancellation by a "single stroke of pen", especially after years of continuance. A public employer is expected to act as a model litigant and a model employer; it cannot first treat an employee as eligible, allow him to Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: TA 560/2020 qualify a test, promote him, extract work, and then undo everything retrospectively without hearing.
16. Another aspect which weighs with us is the timing and delay. The promotion order is of October 2016; the rescission is of June 2019.
During this interregnum, the applicant continued to work as Junior Assistant. Once the respondents allowed such a situation to continue for years, the burden to justify unsettling the position becomes heavier, and the requirement of strict procedural fairness becomes even more imperative. The impugned order, as pleaded, is not shown to have been served even promptly, which further fortifies the applicant's grievance that the action was taken behind his back.
17. In these circumstances, we hold that the impugned Order No. PHEJ/GE/102/E of 2019 dated 07.06.2019 cannot be sustained as it is vitiated by violation of principles of natural justice, is arbitrary in manner, and is unsustainable in law. Once the rescission order falls, the applicant's promotion/placement order dated 27.10.2016 and subsequent adjustment order dated 31.01.2017 revive and deserve protection. In the peculiar facts of this case, where the applicant qualified the departmental type test, worked for years, and where the Digitally signed by HARSHIT YADAV HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: TA 560/2020 department itself created and maintained the position, the ends of justice are served by restoring him to the promotional post with consequential benefits.
18. Consequently, the Transfer Application is allowed in the following terms:
(i) Order No. PHEJ/GE/102/E of 2019 dated 07.06.2019 rescinding the applicant's promotion/placement as In-charge Junior Assistant is quashed.
(ii) The respondents are directed to restore the applicant's status as In-charge Junior Assistant in terms of Order No. PHEJ/GE/214/E of 2016 dated 27.10.2016, and to give effect to his adjustment/posting as Junior Assistant as per order dated 31.01.2017, with continuity of service on the said post.
(iii) The applicant shall be entitled to all consequential service benefits, including pay fixation, continuity, and seniority on the post of Junior Assistant from the date he was promoted/placed i.e. 27.10.2016 (and in any case not later than the date of adjustment 31.01.2017), and the period during which the impugned rescission operated shall be treated as duty for all intents and purposes. Digitally signed by HARSHIT YADAV
HARSHIT DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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(iv) The respondents shall also consider the applicant for further promotion (including to the post of Senior Assistant, if otherwise eligible as per rules and vacancy position) without being prejudiced by the impugned rescission, and shall pass appropriate orders accordingly.
(v) Compliance shall be ensured by issuance of consequential orders within a reasonable time, preferably within 12 weeks from the date of receipt of a certified copy of this order.
19. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by HARSHIT YADAV
HARSHIT
DN: 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 Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.05 10:36:16+05'30' Foxit PDF Reader Version: 2025.2.0