Central Administrative Tribunal - Jammu
Sunil Kumar vs D/O Education Ut Of J & K on 4 February, 2026
:: 1 :: O.A. No. 1009/2021
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 1009/2021
Reserved on:- 11.12.2025
Pronounced on: - 04.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Sunil Kumar Age 40-Years
S/o Sh. Bindru Ram
R/o Vill. Chak Bhagwana
Tehsil Jourian District Jammu-181202
Mb. No. 9149510033
2. Pardeep Kumar Age 42-Years
S/o Sh. Des Raj
R/o W.No. 15, H.No. 241 Dhar Road,
Near Central Bank of India,
District Udhampur - 182101
Mb. No. 9419159682
3. Jawar Joti Age 43-Years
S/o Sh. Hans Raj Sharma
R/o Vill. Radda Kot, Malhar,
Digitally signed by
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Udhampur-182121
Mb. No. 9885145557
4. Sundeep Gupta Age 48-Years
S/o Lt. Sh. Bansi Lal Gupta
R/o Dhar Road Near Central Bank of India,
W.No. 8, Udhampur, District Udhampur-182101
Mb. No. 7889381671
...Applicants
(By Advocate: - Mr. P.L. Sharma)
VERSUS
1. Union Territory of Jammu & Kashmir Through Commissioner
Secretary, Education Department, Civil Secretariat,
Jammu/Srinagar 180001
E-Mail id:-
2. Director School Education Jammu.
180005
E-Mail id:-
3. Gh. Nabi Mir (RBA)- Master
C/o High Sec. School, Larnoo. 192202.
4. Parvaze Ahmad Shah(RBA)-Master
C/o Upper Primary School, Zarihar.
192123.
Digitally signed by
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5. Sh. Rajesh Singh -Teacher
C/o Girls High Sec. School, Kathua.
184101.
6. Suhail Ahamd (RBA)-Teacher
C/o High Sec. School, Thannamandi.
185212.
7. Rajesh Sadhotra - Teacher
C/o Girls Middle School, Gharota.
181122.
8. Vikas Sudan - Teacher
C/o High Sec. School, Akhnoor.
18 1201.
9. Pawan Kumar -Teacher
C/o Girls Primary School, Seri.
185151.
10. Mohd. Malik Hussain - Teacher
C/o Upper Primary School, Lellhan.
192202.
11.Sutinder Gupta (RBA) - Teacher
C/o Primary School, Bakhatpur.
181206.
12.Parmjit Singh -Teacher
C/o Girls High School, Rangpur.
181102.
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13. Mujeeb-Ul- Rehman (RBA) - Teacher
C/o High Sec. School, Darhal Malkan.
185135.
14. Davood Ahmad Bhat- Teacher
C/o Middle School, Rajpora.
184145.
15. Rajesh Kumar-Teacher
C/o Upper Primary School, Kharote.
124102.
16. Neelam Kumari-Teacher
C/o Girls High Sec, School, Rajbag.
184143.
17.Ghulam Murtaza (ALC)-Teacher
C/o Middle School, Bhera.
185211,
18. Koushal Kumar (ALC)- Teacher
C/o Zonal Education Office, Sunderbani.
105153.
33. Javaid Ahmad Lone-Teacher
C/o Boys Middle School, Kharote.
184102
34. Masarat Jabeen-Teacher
C/o Girls Middle School, Town Bandipora.
PIN 193502
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35. Mufti Sheeba-Teacher
C/o Girls High Sec. School, Pampore.
Pin-192121
36. Ashiq Hussain Thoker- Teacher
C/o High Sec. School, Arihal.
192302.
37. Sham Lal (RBA)-Teacher
C/o Upper Primary School, Humander.
- 193222.
38. Mohd Ibrahim Dar - Teacher
C/o High School, Palar.
39. Rajnder Kumar Atri -Teacher
C/o High Sec. School, Sangaldan.
182144.
40. Pardeep Singh- Teacher
C/o Middle School, Palli.
18 1203.
41. Mohd Innayatulla Rather (RBA) - Teacher
C/o High School, Kundalan.
1811 11,
42. Hilal Ahmad Malik -Teacher
C/o High School, Nadigam.
192303.
43. Monika Katoch-Teacher
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C/o Girls High Sec, School, Kathera.
184104.
44. Shivali Sharma -Teacher
C/o Girls High Sec. School, Pouni.
185203,
45. Sunil Dar - Teacher
C/o Middle School, Hassan Noor.
192125.
46. Manmohan Singh-Teacher
C/o Middle School, Barmora.
184151.
47. Reyaz Ahmad Sofi - Teacher
C/o Upper Primary School, Batergam.
193303
48. Tahir Rashid Lone (RBA) -Teacher
C/o Boys Middle School, Kultoora.
193222.
49. Nuzhat Shafiq - Teacher
C/o Middle School, Grendvana Aishmuqam.
190012.
50. Syed Mohd Iqbal -Teacher
C/o Boys High Sec. School, Behrampura.
193502.
51. Arif Hussain (RBA) -Teacher
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C/o Primary School, Kalalah.
192303.
52. Berinder Bhardwar -Teacher
C/o High School, Ladyote.
185152.
53. Bhopinder Gupta -Teacher
C/o Primary School, Top Sherkhania, Jammu.
181121.
54. Abdul Shakoor (ST)- Teacher
C/o Primary School, Barsala.
105132.
55. Farman Ali (RBA) -Teacher
C/o Boys High School, Shuhama.
190006.
56. Alyas Ahmad-Teacher
C/o Boys High School, Kanthpora.
193103
57. Sanjay Kumar -Teacher
C/o Girls High Sec. School, Aghar Jitto.
182301
58. Syed Rasshid-Ul-Hasim - Teacher
C/o Girls Middle School, Salipora.
193201
59. Syed Masaid Zaman- Teacher
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C/o Girls Middle School, Salipora.
193201
...Respondents.
(By Advocate: Mr. Sudesh Magotra, ld. AAG)
Digitally signed by
HARSHIT YADAVHARSHIT YADAV
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
It is, therefore, prayed that keeping in view the submission made herein above and those to be urged at the time of hearing, the Hon'ble court may very kindly be pleased to :-
i. quashing the government order No. 290-Edu of 2019 dated 04/09/2019 and Government order No. 364-Edu of 2019 dated 24/10/2019 while setting aside the same whereby selected the non-applicants no. 3 to 59 as temporary placement of post Graduate Master/Teacher as I/c Lecturers in the discipline of Information Technology / IP in the school education department being based on illegal, biased, impartial and arbitrary criteria which is violative of Artcle-14 & 16(1) of the constitution of India and declaring the same to be void, illegal and contrary to the criteria i.e. seniority lists dated 11-12-2013 Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 10 :: O.A. No. 1009/2021 and 11-02-2015 without accruing any benefits to the non- applicants No. 3 to 59.
ii. Directions to the non-applicants No. 1 to 2 to redraw the temporary placement of post Graduate Master /Teacher as l/c Lecturers in the discipline of Information Technology / IP in the school education department & consider the case of the applicants for temporary placement as Incharge lecturer in the discipline of Information Technology/ IP in the education department in their own pay and scale based upon the seniority list dated 31-12-2013 and 01-10-2015.
iii. Further direction to the non-applicants No. 1 & 2 to not to create any special right in favour of the non-applicants No. 3 to 59 till considering the applicants temporary placement and adjustment against the available vacancy/vacant post of lecturer in the discipline of information technology as temporary Incharge lecturer at par with the candidates temporarily placed vide government order No. 290-Edu of 2019 Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 11 :: O.A. No. 1009/2021 dated 04/09/2019 and Government order No. 364-Edu of 2019 dated 24/10/2019, in the interest of justice.
iv. Directing the respondents No. 1 & 2 to consider the applicants / petitioners otherwise also in the light of the interim direction passed in the case titled Ghulam-Ud-Din Allie & Ors., dated 05.03.20 in WP(C) No. 612/2020; CMP No. 1319/2020 as the applicants / petitioners are also similar situated persons in the discipline of Information Technology subject in education department in the interest of justice.
V. Any other orders or directions which this Hon'ble Court may deem fit or proper in the facts and circumstances of this case.
2. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The applicants are serving Masters/Teachers in the School Education Department of the Union Territory of Jammu & Kashmir and possess postgraduate qualifications in Information Technology (IT) acquired between the years Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 12 :: O.A. No. 1009/2021 2003 to 2006. Applicant Nos. 1 to 3 have been in service since 2009, whereas Applicant No. 4 has been in service since 1998.
All the applicants claim to have discharged their duties satisfactorily throughout their service careers.
b) The seniority of PG Masters/Teachers in the discipline of Information Technology was tentatively updated from time to time, including seniority lists dated 31.12.2013 and 01.10.2015, in which the applicants figured at serial numbers 123, 117, 93 and 28 (2013 list) and 125, 119, 95 and 30 (2015 list), respectively. These seniority lists were relied upon by the applicants as the governing criterion for temporary placement as Incharge Lecturers.
c) Vide Government Order No. 290-Edu of 2019 dated 04.09.2019, the Government accorded sanction for temporary placement of 53 Masters/Teachers as Incharge Lecturers in the discipline of Information Technology. The applicants were not included in the said list, whereas several teachers junior to them Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 13 :: O.A. No. 1009/2021 were so placed. Aggrieved thereby, the applicants submitted representations through proper channel.
d) Pursuant to these representations, the Director School Education, Jammu, vide communication dated 05.10.2019, acknowledged the seniority position of the applicants and forwarded a list of 28 senior dropout candidates in the discipline of IT to the Administrative Department, in which the applicants were shown at serial numbers 23, 20, 17 and 6, respectively.
e) However, in continuation thereof, the Government issued Government Order No. 364-Edu of 2019 dated 24.10.2019, granting temporary placement to 12 more Masters/Teachers as Incharge Lecturers in IT. Once again, the applicants were excluded, while junior candidates were included.
f) The applicants further relied upon Government Order No. 134-Edu of 2020 dated 04.06.2020, whereby certain Masters/Teachers in the discipline of Chemistry were granted temporary placement as Incharge Lecturers pursuant to interim Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 14 :: O.A. No. 1009/2021 directions of the High Court, claiming parity on the basis of similar circumstances.
g) Despite submitting a detailed representation dated 16.06.2020, seeking review of the impugned orders and temporary placement against available vacancies, no relief was granted to the applicants. Alleging arbitrariness, violation of Articles 14 and 16 of the Constitution, and non-adherence to seniority, the applicants approached this Tribunal seeking quashment of Government Order Nos. 290-Edu of 2019 and 364-Edu of 2019, along with a direction for their temporary placement as Incharge Lecturers.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) At the outset, the respondents contested the maintainability of the Original Application, asserting that it discloses no infringement of any statutory, fundamental, or legal right of the applicants and that no cause of action has accrued in their Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 15 :: O.A. No. 1009/2021 favour. It was further alleged that the application suffers from misrepresentation and suppression of material facts.
b) On merits, the respondents did not dispute the seniority positions of the applicants as reflected in the seniority lists of 2013 and 2015, nor did they deny that the applicants were senior to several candidates who were temporarily placed as Incharge Lecturers under the impugned Government Orders.
c) The respondents explained that, pursuant to the decision of the State Administrative Council dated 07.12.2018, a separate cadre of Teacher Grade-II was created and the Department was authorised, as a one-time exception, to fill vacant Lecturer posts by 100% promotion without reference to the Public Service Commission, vide Government Order No. 112-Edu of 2019 dated 05.03.2019. However, the said Government Order was subsequently stayed by the High Court in SWP No. 3186/2019 (Ab. Qayoom Dar v. State & Ors.), which resulted in disruption of the promotion and placement process. Digitally signed by
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d) It was further submitted that the temporary placement orders issued in September and October 2019 were based on tentative seniority and service particulars available at the relevant time, and that several senior candidates, including the applicants, could not be considered due to non-receipt or non- verification of service particulars from the concerned Directorates. The respondents emphasised that a specific rider was incorporated in the placement orders clarifying that such temporary placements would not confer any preferential right for regularisation or promotion.
e) The respondents acknowledged that the applicants are senior to the last candidates placed as Incharge Lecturers and stated that their claims were found genuine. It was asserted that adequate vacancies were kept reserved to accommodate such left-out senior candidates after finalisation of seniority.
f) The respondents further pointed out that a tentative seniority list of 156 candidates in the IT/IP discipline was issued on 26.08.2021, inviting objections from aggrieved candidates. It Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 17 :: O.A. No. 1009/2021 was clarified that, after verification of records and finalisation of seniority, promotions would be effected strictly in accordance with rules, and any undue benefit granted earlier to juniors would be withdrawn.
g) On these premises, the respondents contended that the Original Application is premature, as the matter of seniority and promotion is under active consideration, and prayed for dismissal of the application.
4. Having heard learned counsel for the parties and perused the pleadings and record, the core issue that arises for consideration is whether the applicants, admittedly senior PG Masters/Teachers in the discipline of Information Technology, could have been ignored for temporary placement as Incharge Lecturers while their juniors were granted such placement under Government Order No. 290-Edu of 2019 dated 04.09.2019 and Government Order No. 364-Edu of 2019 dated 24.10.2019.
5. From the pleadings of the respondents themselves, it stands clearly admitted that the applicants are senior to several candidates who were Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 18 :: O.A. No. 1009/2021 temporarily placed as Incharge Lecturers and that their cases were genuine. It is further not in dispute that the Director School Education, Jammu, after examining the matter, had forwarded the applicants' names in the list of senior dropout candidates to the Administrative Department on 05.10.2019. Thus, the seniority position of the applicants and their eligibility was never under challenge.
6. The justification advanced by the respondents for non-consideration of the applicants is primarily founded on alleged non-availability or non-verification of service particulars at the relevant time and pendency of litigation relating to Government Order No. 112-Edu of 2019. However, such explanation cannot sustain judicial scrutiny for the reason that temporary placements were admittedly granted to several juniors during the same period, clearly demonstrating that the process was not uniformly stalled. Once the respondents chose to proceed with temporary placements on the basis of tentative seniority, they were bound to adhere to the principle of seniority in a fair and non-discriminatory manner.
Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 19 :: O.A. No. 1009/2021
7. The respondents have further taken the stand that the placement orders carried a rider that no preferential right would accrue to those temporarily placed. While such a rider may protect future regularisation, it does not legitimise an action which is otherwise arbitrary at inception. Temporary placement, even if ad hoc, cannot be made in disregard of seniority when senior eligible candidates are available and their particulars are admittedly on record.
8. It is also significant that the respondents have themselves conceded that in the event of finalisation of seniority, any undue benefit granted to juniors would be liable to be withdrawn and seniors would be accommodated. This admission fortifies the applicants' grievance that their exclusion was not based on any disqualification but was purely administrative and inadvertent. Administrative lapses cannot be permitted to operate to the detriment of employees who are otherwise eligible and senior.
9. The plea that the application is premature is equally untenable. The cause of action arose the moment juniors were granted temporary placement while the applicants were ignored, and the continued Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 20 :: O.A. No. 1009/2021 inaction despite representations cannot be brushed aside on the ground that the matter is under "active consideration", particularly when the impugned orders continue to operate to the disadvantage of the applicants.
10. In service jurisprudence, seniority is not an empty formality. Even for stop-gap or temporary arrangements, deviation from seniority must be supported by cogent reasons, which are conspicuously absent in the present case. The action of the respondents, therefore, falls foul of Articles 14 and 16 of the Constitution of India.
11. For the foregoing reasons, the Original Application is allowed.
Government Order No. 290-Edu of 2019 dated 04.09.2019 and Government Order No. 364-Edu of 2019 dated 24.10.2019 are quashed to the extent they exclude the applicants from consideration for temporary placement as Incharge Lecturers in the discipline of Information Technology.
12. The respondents are directed to grant the applicants temporary placement as Incharge Lecturers in the discipline of Information Technology/IP, in their own pay and scale, from the date their Digitally signed by HARSHIT YADAVHARSHIT YADAV :: 21 :: O.A. No. 1009/2021 immediate juniors were so placed, without disturbing the existing incumbents, by adjusting the applicants against available vacancies or by operating them notionally if required.
13. Such temporary placement shall be purely ad hoc and shall not confer any right to regular promotion, which shall be governed strictly by final seniority and applicable rules. However, for all service purposes connected with temporary placement, the applicants shall be treated at par with those juniors who were placed earlier.
14. The above exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.
15. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
Digitally signed by
HARSHIT YADAVHARSHIT YADAV