Central Administrative Tribunal - Jammu
Bilal Ahmad Rather vs D/O Health And Medical Education Ut Of ... on 2 February, 2026
:: 1 :: OA 219/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 219/2021
Reserved on: - 16.12.2025
Pronounced on: - 02.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Bilal Ahmad Rather; Age 40 years So Ghulam Mohd Rather
R/o Munpora , Pampore (Kashmir)
2. Sanjeev Kumar Gupta; Age: 51 years S/o Sh. Bodh Raj Gupta
R/o H.No.201 Lane No.12, Talab Tillo Jammu
3. Arvind Kumar Sharma; Age:52 years S/o Sh. R . K. Sharma
R/o Roop Nagar, Jammu
4. Archana Mujoo; Age: 43 years W/o Dr. Vicaas Koul Ro: 25A,
Lane No.2, Karanagar Jammu
5. Pankaj Malhotra; Age 35-years. S/o Darshan Paul Malhotra Ro
Qtr. No.344, Rehari Colony, Jammu
6. Vandhana Bhat; Age 40 years D/o. Som Nath Bhat Veer R/o
94, Teerath Nagar, B Talab Tillo, Jammu.
7. Ashish Gupta; Age 39 years S/o V . K . Gupta R/o Qtr No.390-
Rehari Colony, Jammu:
8. Bhawna Bhat; Age 3 8 years. D/o Shamboo Nath Ro Kral Bab
Ashram Garhi Udhampur
HARSHIT YADAV
HARSHIT
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774
f070d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f
3d3efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 12:54:51+05'30'
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9. Nisar Ahmad Dar; Age 37 years S/o Ab: Rehman Dar R/o
Russu, Beerwah, Budgam, Kashmir
10.Amit Mahajan; Age 46 years S/o Ashok Gupta R/o H . No.81,
Ward No. 1 R.S. Pura, Jammu
11.Nitu Malhotra; Age 38 years D/o Balraj Malhotra R/o H.No.
FIB Karan Nagar, Jammu
12.Amit Bali; Age 45 years So Narendar Prakash Bali R/o
H.No.513 Subash Nagar, Indira Chowk Rehari Colony, Jammu
13. Munish Gupta; Age 38 years S/o Mohan Lal Gupta R/o Nehru
Chowk, Doda, City
14.Sanjay Bhat; Age 39 years S/o Triloki Nath Bhat R/o H. No.
134 JMC Upper Barnai, P.O. Muthi, 15.
15.Shabir Ahmad Mir; Age 35 years S/o Abdul Rashid Mir R/o
Saidpora, Shopian
16.Mir Tariq Masroor Aged 41 years, S/o Nazir Ahmad Mir, C/o
Abid Stationers Damhal Hanjipora, Kulgam
17.Vikas Chander Sharma; Age 39 years S/o Yashpal Sharma R/o
Danpur Jaurian Akhnoor, Jammu
18.Gagan Bhardwaj; Age 45 years S/o Som Nath Bhardwaj R/o
H.No.202 Sector II Nanak Nagar, Jammu
19.Fejveer Singh Sodi; Age 49 years S/o Karan Singh Sodhi Ro
Check Kanispora, Baramulla
20.Imtiyaz Ahmad Malla; Age 36 years S/o Mohammad Jaffar
Malla R/o Iskanderpora, Khas Budgam
HARSHIT YADAV
HARSHIT
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774
f070d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f
3d3efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 12:54:51+05'30'
:: 3 :: OA 219/2021
21.Rakesh Singh Salathia; Age 50 years S/o Late Sh: Anchal
Singh R/o Gurah Salathia, Samba
22.Narinder Pravesh; Age: 32 years So Sh. Anand Kumar Ro:
H.NO.30, Ward No. 11, R.S. Pura Jammu
23.Santosh Sarangal; Age:35 years So Sh. Sardari Lal Sarangal
R/o Gho Brahamna District Samba
24.Mahohar Lal Samyal; Age: 43 years S/o Sh. Krishan Chand
R/o: Bakhan Chak, Ramgarh Samba
25.Humaira Yousuf Shawi, Age 41 years, Do M. Y. Shawl, R/o
Mir Masjid; Khanyar, Srinagar.
26.Tasneem Ara, Age 38 years, D/o Ghulam Nabi Laway, R/o
Hawanad, Chawalgam
27.Rumessa Mohamad, Age 40 years, D/o Gh. Mohammad
Magray R/o Ward No.2, Plan Bandipora
28. Zaffer Ahmad Bhat, Age: 39 years S/o Ab. Rahim Bhat, R/o
Nunar, Ganderbal, Kashmir.
29. Zaffer Ahmad Malik, Age 44 years, S/o Ghulam Qadir Malik,
R/o Magarmal Bagh, Srinagar:
30.Shabir Ahmad Pandit, Age 42 years, S/o Gh. Hassan Pandith,
R/o Naseerabad, Chinkpora, Sopora, Kashmir.
31.Masrat Rashid; Age 38 years D/o Shahzada Ab. Rashid R/o
356-Jail Park, Bagh-e-Mehtab, Srinagar, Kashmir
32.Mudasir Mohamad; Age: 40 years S/o Ghulam Mohammad
Khosa R/o Saltia Stop, Botshah Mohalla, Lal Bazar, Srinagar
HARSHIT YADAV
HARSHIT
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774
f070d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f
3d3efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 12:54:51+05'30'
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33.Mohmad Saleem Bhat; Age 40 years. So Ab. Gani Bhat Ro
Kachdora Vehil, Shopian
34.Syed Tanveer U l Islam; Age 44 years S/o Ghjulam Mohi-ud-
Din R/o Wadwan Soibug Tehsil Budgam
35.Sameer Sajad; Age 39 years S/o Mohammad Igbal Bhat R/o
New Theed, Harwan, Srinagar
36.Shiekh Shahnawaz; Age 43 years. S/o Ab. Samad Sheikh Wo
Jawahar Nagar, Srinagar
37.Nahida Bhat; Age 38 years D/o Ab. Samad Sheikh R/o 25-
Badyar Bala, Srinagar
38.Aazira Zahoor; Age: 37 years D/o Zahor Ahmad Dar R/o
Chinkral Mohalla, Habba Kadal, Srinagar
39.Hadiya Shah; Age 35 years D/o Yaseen Ahmad Shah R/o
Motiyar Vitaal Bagh, Rainawari, Srinagar
40.Yousouf Mohiuddin Sumji; Age 48 years S/o Ghulam Mohi-
ud-Din Sumji R/o Norther Colony, Khawaja Bagh, Baramulla
41.Mohamad Yousuf Khat Ghulam Mustafa Khan; Age 39 years
R/o Gopal Pora, Mattan
42.Aabida Shafi; Age 37 years D/o Mohammad Shafi Dar R/o
Green Avenue Colony Sector Peer Bagh Hyderpora, Srinagar
43.Mir Wasim Hassan; Age 34 years S/o Ghulam Hassan Mir R/o
SKUAST Road, Meerakabad, Shalimar, Srinagar
44.Iram Rafiq; Age: 42 years D/o Mohammad Rafiq R/o 26,
Dilsouz Colony Natipora, Srinagar.
HARSHIT YADAV
HARSHIT
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774
f070d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f
3d3efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 12:54:51+05'30'
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45.Junaid Naseer, Age 42 years S/o Nasraullah R/o Civil Lines,
Tral, Kashmir
46.Gowhar Mushtaq Bhat; Age: 49 years S/o Mushtaq Ahmad
Bhat R/o Bilal Abad, Khrew Pampora
47.Shaila Farooqi; Age 39 years D/o Siraj-ud-Din Farooqi R/o
New Colony, Channa Mohalla, Chattabal, Srinagar
48.Imtiyag Ahmad Shalla; Age 48 years. S/o Ghulam Hassan
Shalla Ro Babaraza Krakshivan Colony, Sopore, Kashmir
49.Sajad Ahmad Wani; Age 49 years S/o Ghulam Ahmad Wani
R/o Sector 6 Gulberg Colony, Hyderpora, Srinagar
50.Peerzada Tasadug Hussain; Age 39 years So Ghulam Mustafa
Shah R/o Baba Mohalla, Bijbehara
51.Tariq Ahmad Sheikh; Age 41 years S/o Abdul Gani Sheikh R/o
Khuri Batpora, Kulgam
52.Ashaq Hussain Bhat; Age 38 years S/o Mohammad Iqbal Bhat
R/o Said Pora, Shopian
53.Syed Nazirul Islam Shah; Age 37 years S/o Syed Mohammad
Youqub Shah R/o Hapatnar, Pahalgam
54.Tariq Ahmad Shapoo; Age 40 years So Ghulam Mohammad
Shapoo R/o Zalangam Kukarnag
55.Shahnawaz Khaki; Age 40 years S/o Ghulam Mohammad
Khaki R/o Ainoo Brai Pahalgam
56.Imtiyaz Ahmad Ganai; Age 37 years S/o Ghulam Mustafa
Ganie R/o Dethu Shangus, Anantnag
HARSHIT YADAV
HARSHIT
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774
f070d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f
3d3efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 12:54:51+05'30'
:: 6 :: OA 219/2021
57.Mohd Ashraf Khanday; Age: 53 years S/o Abdul Gani
Khanday R/o Namlabal Pampore
58.Zulfigar Ali Lone, Age 32 years S/o: Shams-u-din, R/o: Drass
Kargil
59.Farooz Ahmad Bhat; age: 44 years. So Mohd. Maqbool R/o
Logripora, Sopore.
...Applicants
(Advocate: - Mr. Rahul Pant, Sr. Adv with Mr. Aniruddha Sharma)
Versus
1. Union Territory of Jammu and Kashmir Through
Commissioner/Secretary to Government Health and Medical
Education Department Jammu and Kashmir Government Civil
Secretariat, Jammu.
2. Financial Commissioner, Finance Department, Jammu and
Kashmir Government, Civil Secretariat, Jammu
3. Controller Drugs and Food Control Organization Union Territory
of Jammu and Kashmir Jammu
...Respondents
(Advocate:- Mr. Sudesh Magotra, AAG, Mr. Rajesh Thapa, AAG)
HARSHIT YADAV
HARSHIT
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=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774
f070d1c28f, SERIALNUMBER=
YADAV
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f
3d3efda8, [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.03 12:54:51+05'30'
:: 7 :: OA 219/2021
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 application of the applicants along with costs.
b) Direct the respondents to allow the applicants, who are working as Drugs Control Officers in the Union Territory of Jammu and Kashmir, the minimum pay scale of Level- 8 i.e. 47600-151100 as is being paid to the Drug Inspectors working in the Central Drugs Standard Control Organization (CDSCO) as also Union Territory of Delhi (National Capital Territory of Delhi);
c) Direct the respondents to create functional promotional avenues for the applicants keeping in view their cadre strength as also the stagnation being faced by them;
d) Direct the respondents to consider the declaration of the post of Drugs Control Officer as gazetted post at par with the Drug Inspectors discharging duties in the Government of India in HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 8 :: OA 219/2021 Central Drugs Standard Control Organization (CDSCO) as also in all other States/Union Territories;
e) Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the applicants and against the respondents.
2. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The factual backdrop leading to the filing of the present Original Application reveals that the applicants are working as Drug Inspectors in the Jammu and Kashmir Government, Drug and Food Control Organization and were subsequently redesignated as Drugs Control Officers vide Government Order dated 04.06.2019, without any corresponding enhancement in their pay scale, status or promotional prospects. Most of the applicants entered service in the year 2009, whereas some applicants are far senior, having been appointed as early as the year 2003. It is not in dispute, and is rather an admitted position on record, that officers appointed in the year 2003 continue to HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 9 :: OA 219/2021 hold the same post even after rendering more than seventeen years of continuous service, without earning a single functional promotion, thereby demonstrating the severe stagnation prevailing in the cadre and the absence of any meaningful career progression.
b) Initially, the cadre structure governing the service conditions of Drug Inspectors provided a clear promotional channel from the post of Drug Inspector to that of Senior Drug Inspector.
However, vide Government Order No. 604-HME of 2007 dated 10.09.2007, all posts of Senior Drug Inspector were abolished and the post of Assistant Controller Drug was created as an entry-level post in the gazetted cadre of the service. Despite this major structural overhaul, the respondents failed to carry out the necessary and consequential amendments in the recruitment and service rules so as to recognize Drug Inspector/Drugs Control Officer as a clear and effective feeding cadre for promotion, thereby creating an anomalous situation where the promotional ladder was dismantled without being replaced by any viable HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 10 :: OA 219/2021 alternative, resulting in a complete and continuing promotional deadlock.
c) After the reorganization of the erstwhile State of Jammu and Kashmir and its conversion into a Union Territory, the cadre strength stands at 82 Drug Inspectors/Drugs Control Officers, whereas the number of gazetted posts of Assistant Controller Drug/Assistant Drug Analyst is only 21, out of which merely 17 posts are available for promotion and that too are shared among multiple feeding cadres. The disproportionate ratio between the strength of the feeding cadre and the limited number of promotional posts has rendered the chances of promotion illusory and virtually non-existent, thereby causing near-total stagnation and frustration amongst the applicants, many of whom are nearing the later part of their service career without any realistic prospect of advancement.
d) The applicants are statutory authorities appointed under Section 21 of the Drugs and Cosmetics Act, 1940 and discharge important statutory functions prescribed under Section 22 of the HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 11 :: OA 219/2021 said Act, including inspection, sampling, seizure and prosecution in respect of drugs and cosmetics. Their qualifications, duties, responsibilities, territorial jurisdiction and statutory powers are identical in all respects to those of Drug Inspectors appointed by the Central Government under the Central Drugs Standard Control Organization (CDSCO) and to those working in other States and Union Territories. The nature of work performed by the applicants is thus not merely similar but statutorily identical, flowing from the same Central enactment applicable uniformly throughout the country.
e) Despite discharging identical statutory duties and possessing the same qualifications and responsibilities, the applicants are being paid a substantially lower pay scale of Level-6 (₹35,800- 1,13,200) and are denied gazetted status, whereas Drug Inspectors working under the Central Government, NCT of Delhi, Chandigarh and several other States are gazetted officers drawing the higher pay scale of Level-8. The disparity in pay and status persists notwithstanding complete parity in the nature of duties, statutory obligations and qualifications, thereby HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 12 :: OA 219/2021 subjecting the applicants to hostile discrimination and unequal treatment without any rational or intelligible basis.
f) Learned counsel for the applicants submitted that the applicants have placed on record extensive and cogent material to demonstrate that the continued non-gazetted status of the applicants has rendered the effective implementation of vital legislations such as the Drugs (Prices Control) Order, 1995 and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 virtually impossible in the Union Territory of Jammu and Kashmir, inasmuch as the exercise of powers under these enactments is statutorily confined to gazetted officers. It was contended that the applicants, though working at the grassroots level and being best placed to enforce these laws, are legally disabled from doing so solely due to denial of gazetted status, thereby frustrating the object of the legislation.
g) It is further borne out from the record that statutory bodies constituted under the Drugs and Cosmetics Act, 1940, namely the Drugs Technical Advisory Board and the Drugs HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 13 :: OA 219/2021 Consultative Committee, have on multiple occasions examined the issue and repeatedly recommended uniform declaration of the post of Drug Inspector as a gazetted post across the country so as to ensure effective, uniform and robust enforcement of drug laws. These recommendations, emanating from expert statutory bodies constituted under a Central enactment, lend considerable weight to the claim of the applicants and underscore the necessity of according gazetted status to Drug Inspectors.
h) The record further discloses that repeated representations submitted by the applicants since 2004, 2013, 2017 and thereafter, as well as recommendations forwarded by the Controller, Drug and Food Control Organization, Jammu and Kashmir, have remained pending and undecided for years together without any final outcome or reasoned decision. Such prolonged inaction and administrative silence have compelled the applicants, who have already exhausted all available departmental remedies, to approach this Tribunal as a measure of last resort for redressal of their legitimate grievances. HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 14 :: OA 219/2021
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents, in their reply affidavit, while not disputing the statutory nature of the duties discharged by the applicants, their prescribed qualifications or the responsibilities entrusted to them under the Drugs and Cosmetics Act, 1940, have primarily taken the stand that the issues raised by the applicants relate to matters of pay fixation, cadre restructuring, creation of promotional avenues and conferment of gazetted status, which, according to them, fall exclusively within the policy domain of the Government.
b) It has been contended that such matters involve administrative and financial considerations and are therefore beyond the scope of judicial interference. The respondents have thus sought to justify their inaction by asserting that courts and tribunals ought not to issue directions in matters which, according to them, are within the prerogative of the executive, notwithstanding the HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 15 :: OA 219/2021 prolonged stagnation and alleged discrimination complained of by the applicants.
c) It is further contended by the respondents that Respondent No. 3 is merely a subordinate office functioning under the overall administrative control of Respondent No. 1 and does not possess any independent authority to grant a higher pay scale, to declare the post of Drugs Control Officer as a gazetted post, or to effect cadre restructuring. According to the respondents, the role of Respondent No. 3 is limited to examining representations and forwarding proposals or recommendations to the Administrative Department.
d) It has been submitted that such proposals have already been forwarded and that the matter is under consideration before various committees constituted by the Government, and therefore, no fault can be found with the respondents for the delay in taking a final decision.
e) The respondents have further pleaded that mere similarity in the nature of duties or qualifications does not, by itself, confer an HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 16 :: OA 219/2021 automatic or vested right upon the applicants to claim parity in pay scales or gazetted status with employees working under the Central Government or other Union Territories. It has been contended that service conditions are governed by separate cadre rules and administrative structures and that parity cannot be claimed as a matter of course.
f) On the aforesaid grounds, the respondents have asserted that the Original Application is premature, devoid of merit and liable to be dismissed, as the issues raised therein are stated to be under active consideration of the competent authority.
4. Heard learned counsel for the parties and perused the material available on record.
5. The principal questions that arise for determination before this Tribunal are, firstly, whether the denial of pay parity and refusal to accord gazetted status to the applicants, despite their discharging identical statutory duties under the same Central enactment and possessing identical qualifications and responsibilities as their counterparts in the Central Government and other Union Territories, is HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 17 :: OA 219/2021 violative of the guarantees of equality and equal opportunity in public employment enshrined under Articles 14 and 16 of the Constitution of India; secondly, whether the prolonged stagnation suffered by the applicants for more than a decade and a half, in the absence of any meaningful or functional promotional avenues, can be said to be constitutionally permissible or consistent with the settled principles of service jurisprudence; and thirdly, whether the State and its instrumentalities can be permitted to indefinitely defer or deny legitimate service benefits by taking shelter under the vague and indeterminate plea of policy consideration, administrative convenience or matters being under consideration, particularly when such inaction results in manifest arbitrariness and infringement of constitutional rights.
6. The principle of "equal pay for equal work" is no longer res integra and stands firmly entrenched in constitutional jurisprudence. The Hon'ble Supreme Court, as far back as in Randhir Singh v. Union of India, authoritatively laid down the law by holding in paragraph 8 that "the principle of 'equal pay for equal work' though not expressly declared by our Constitution to be a fundamental right, is certainly a HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 18 :: OA 219/2021 constitutional goal flowing from Articles 14 and 16." The Court further emphasized that where employees are discharging similar duties and responsibilities under the same employer and are governed by the same legal framework, denial of parity in pay without any reasonable or intelligible basis would amount to hostile discrimination. The doctrine, therefore, is not merely a principle of administrative convenience but a facet of the equality clause embedded in Articles 14 and 16, mandating that the State must act fairly, reasonably and without arbitrariness in matters of public employment, particularly when the nature of work, qualifications and responsibilities are identical.
7. In State of Punjab v. Jagjit Singh, the Hon'ble Supreme Court has comprehensively explained the contours of the doctrine of equal pay for equal work and removed all ambiguity surrounding its application in service jurisprudence. The Court held in paragraph 42 that "the principle of equal pay for equal work applies where employees perform similar duties and responsibilities and the onus lies on the employer to establish a reasonable classification," thereby making it abundantly clear that once similarity in duties and responsibilities is HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 19 :: OA 219/2021 established, the burden shifts upon the employer to justify any differentiation in pay or service conditions. The Court further reinforced this position in paragraph 58 by holding that "if there is no material difference in the nature of work, responsibilities and qualifications, denial of equal pay would be violative of Article 14,"
thus affirming that unequal treatment in pay, in the absence of an intelligible differentia having a rational nexus with the object sought to be achieved, is constitutionally impermissible. The judgment, therefore, leaves no manner of doubt that the State cannot rely on mere administrative distinctions, nomenclature or policy considerations to deny parity when the work performed, the statutory duties discharged and the qualifications prescribed are materially the same.
8. On the issue of stagnation and absence of promotional avenues, the law stands settled by the Hon'ble Supreme Court in Council of Scientific and Industrial Research v. K.G.S. Bhatt, wherein the Court underscored the fundamental importance of career progression in public service. In paragraph 10 of the judgment, the Supreme Court categorically observed that "a service structure which does not HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 20 :: OA 219/2021 provide adequate promotional opportunities results in stagnation, frustration and inefficiency and is destructive of the morale of public servants." The Court thus recognized that promotional avenues are not a matter of mere administrative discretion but are intrinsically linked to efficiency, motivation and effectiveness in public administration. The absence of meaningful promotional prospects over a prolonged period not only demoralizes employees but also undermines the very objectives of good governance and efficient service delivery. Therefore, a cadre structure that consigns employees to perpetual stagnation, as in the present case where the applicants have remained on the same post for over seventeen years, cannot be sustained in law and is clearly contrary to the settled principles of service jurisprudence evolved by the Apex Court.
9. In Union of India v. Hemraj Singh Chauhan, the Hon'ble Supreme Court has unequivocally deprecated the practice of the State seeking to justify denial of service benefits on the ground of its own inaction or administrative delay. The Apex Court held in paragraph 35 that "the State cannot take advantage of its own delay and inaction and administrative lethargy cannot be a justification to deny legitimate HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 21 :: OA 219/2021 service benefits," thereby laying down the principle that governmental inefficiency or procedural procrastination cannot operate to the prejudice of employees. The Court emphasized that where service rights accrue to an employee under law, the State is under a corresponding obligation to act within a reasonable time and cannot indefinitely postpone decisions by citing internal processes, policy reviews or pendency of proposals. Such conduct, the Court observed, offends the principles of fairness, reasonableness and non- arbitrariness which are integral to Article 14 of the Constitution. The judgment thus makes it abundantly clear that prolonged indecision or delay on the part of the administration cannot be permitted to defeat legitimate expectations and lawful claims of public servants, particularly in matters affecting their career progression, pay and status.
10. In Ajay Kumar Choudhary v. Union of India, the Hon'ble Supreme Court highlighted the centrality of fairness and reasonableness in all actions of the State affecting service conditions of its employees. The Court observed in paragraph 21 that "fairness in action is an essential ingredient of Article 14 and prolonged uncertainty in service matters HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 22 :: OA 219/2021 is impermissible in law," thereby underscoring that uncertainty, indecision and delay in matters concerning pay, status, promotion or other service benefits strike at the very heart of the equality clause of the Constitution. The Apex Court cautioned that when employees are kept in a state of prolonged uncertainty, it results in demoralization, loss of efficiency and erosion of faith in the administrative system. The judgment thus makes it clear that the State is under a constitutional obligation to act fairly, transparently and within a reasonable timeframe, and that failure to do so cannot be justified on vague grounds of policy consideration or administrative convenience, particularly when such inaction adversely affects the career prospects and legitimate expectations of public servants.
11. The Hon'ble High Court of Jammu and Kashmir, in Ajit Singh v. State of J&K, has authoritatively laid down that once a Central enactment is adopted and uniformly implemented by the State, the State is constitutionally bound to ensure parity and uniformity in matters of pay and service conditions, unless a clear and intelligible differentia is demonstrated. The High Court categorically held that discrimination in service benefits among employees discharging HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 23 :: OA 219/2021 identical functions under the same Central statute is impermissible and offends the equality clauses enshrined under Articles 14 and 16 of the Constitution of India. The Court emphasized that the mere fact that employees belong to different administrative units or departments cannot constitute a valid basis for differential treatment when the source of power, nature of duties, statutory responsibilities and qualifications are identical. This principle assumes even greater significance in the context of the present case, where the applicants are enforcing the very same Central legislation as their counterparts elsewhere in the country, and yet have been subjected to unequal pay and status without any rational justification.
12. After the enactment of the Jammu and Kashmir Reorganization Act, 2019, the constitutional and administrative status of the Union Territory of Jammu and Kashmir has undergone a fundamental transformation, inasmuch as it is now directly administered by the President of India in terms of Article 239 of the Constitution, through the Lieutenant Governor acting on the aid and advice of the Union Council of Ministers. In this changed constitutional framework, the Hon'ble High Court of Jammu and Kashmir, in University of HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 24 :: OA 219/2021 Kashmir v. Saif-ud-Din Mir, has categorically held that parity with similarly situated Union Territories is no longer a matter of administrative discretion but becomes a constitutional necessity flowing from Articles 14 and 16 of the Constitution of India. The High Court observed that once an entity or service in the Union Territory is governed under the same constitutional umbrella, subject to the same Central laws and administrative control as other Union Territories, any unequal or discriminatory treatment in matters of pay, status or service conditions cannot be sustained in law. The Court further emphasized that differential treatment, in the absence of a clear and intelligible basis, would amount to hostile discrimination and would defeat the very object of uniform governance envisaged under the reorganization framework. This principle squarely applies to the present case, where the applicants, despite discharging identical statutory functions under a Central enactment and serving in a Union Territory directly administered by the President of India, have been denied parity with their counterparts in other Union Territories, rendering such unequal treatment constitutionally indefensible. HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 25 :: OA 219/2021
13. The applicants indisputably discharge identical statutory duties under the same Central enactment as are being discharged by their counterparts in the Central Government as well as in other Union Territories, and they possess the same statutory qualifications, responsibilities, powers and regulatory authority flowing directly from the Drugs and Cosmetics Act, 1940; however, despite this complete parity in duties and legal obligations, the respondents have utterly failed to demonstrate any intelligible differentia whatsoever, much less one having a rational nexus with the object sought to be achieved, to justify the glaring disparity in pay scales or the continued denial of gazetted status to the applicants, rendering such unequal treatment wholly arbitrary, discriminatory and constitutionally impermissible.
14. The prolonged stagnation suffered by the applicants for more than seventeen years, without any meaningful, functional or effective promotional avenues, is manifestly unjust, unreasonable and oppressive, and stands in clear violation of the settled principles of service jurisprudence governing public employment, which recognize that career progression is integral to efficiency, morale and fairness in administration. Further, the continued non-gazetted status of the HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 26 :: OA 219/2021 applicants has materially and adversely affected the effective implementation and enforcement of important Central drug laws in the Union Territory, thereby defeating the very object and purpose of the legislation and causing serious prejudice not only to the service rights and legitimate expectations of the applicants but also to the larger public interest, which demands robust and effective regulatory enforcement.
15. The repeated plea of the respondents that the matter has remained "under consideration" for years together cannot be accepted as a valid, lawful or sustainable defence and, on the contrary, unmistakably reflects a state of administrative apathy, indecision and inaction, particularly when the grievance raised by the applicants pertains to their fundamental service rights affecting pay, status and career progression. Such prolonged and unexplained indecision on the part of the administration cannot be permitted to defeat or frustrate legitimate and legally enforceable claims of public servants, who cannot be made to suffer indefinitely on account of internal procedural delays or policy indecisiveness of the State. The law is well settled that administrative convenience, pendency of proposals or policy HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 27 :: OA 219/2021 considerations cannot be invoked as a shield to justify inaction or to deny substantive service benefits, especially when such denial results in hostile discrimination and arbitrariness. In any event, policy considerations, howsoever framed, cannot override, dilute or curtail the constitutional guarantees of equality and equal opportunity in public employment enshrined under Articles 14 and 16 of the Constitution of India, and any executive action or inaction contrary thereto cannot be sustained in the eyes of law.
16. This Tribunal is of the considered and firm view that the continued inaction on the part of the respondents, despite repeated representations, recommendations of the competent authorities and clear legal position settled by judicial precedents, would only serve to perpetuate manifest injustice, arbitrariness and constitutional infirmity in the service conditions of the applicants. The applicants have remained patient for an unreasonably long period, have exhausted all available departmental and administrative remedies and have approached this Tribunal only as a measure of last resort. Allowing the respondents to indefinitely defer a decision on issues directly affecting pay parity, status and promotional avenues would not only HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 28 :: OA 219/2021 erode the constitutional guarantees of equality and fairness under Articles 14 and 16 of the Constitution of India but would also undermine the confidence of public servants in the justice delivery system. The applicants, having waited long enough for redressal of their legitimate grievances, cannot be compelled to suffer further on account of administrative lethargy or policy indecision, and the situation thus calls for timely judicial intervention to restore fairness, parity and constitutional balance.
17. Accordingly, the Original Application is allowed. The respondents are directed to grant to the applicants the pay scale corresponding to Level-8 (₹47,600-1,51,100) and declare the post of Drugs Control Officer as a Gazetted post at par the Drug inspectors working under central government and other union territories and further directed to frame and notify functional promotional avenues by creating one ADC post in each district and assured carrier progression at par with Drug inspectors working in Central government so as to effectively remove the stagnation prevailing in the cadre. The entire aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. HARSHIT YADAV HARSHIT 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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30' :: 29 :: OA 219/2021
18. No order as to cost.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
HARSHIT YADAV
HARSHIT
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= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774 f070d1c28f, SERIALNUMBER= YADAV 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f 3d3efda8, [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.03 12:54:51+05'30'