Central Administrative Tribunal - Jammu
Sh Mushtaq Ahmad vs D/O Forests Ut Of Jammu & Kashmir on 5 February, 2026
:: 1 :: T.A. No. 3597/2020
CENTRAL ADMINISTRATIVE TRIBUNA
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 3597/2020
Reserved on: - 30.07.2025
Pronounced on: - 05.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
Sh. Mushtaq Ahmad age 45 years S/o Sh. Ghulam Mohd Malik R/o
Village Halla Prehinder Tehsil Banihal, District, Ramban.
Petitioner.
(By Advocate: -Mr. O. P. Thakur)
VERSUS
1 State of J&K through Commissioner-cum-Secretary, Forest
Department Civ Sectt. Jammu.
2. Commissioner-cum-Secretary to Govt, Finance Department, Civil
Sectt Jammu.
3. Commissioner-cum-Secretary to Govt. General Administration
Department, Civil Sectt. Jammu.
4. Commissioner-cum-Secretary to Govt, Information and Technology
Department, Civil Sectt. Jammu.
5. Sh. Sandeep Kumar S/o Sh. Ram Parshad R/o Ramban Tehsil and
District, Ramban at present Programmer, Office of Commissioner
Commercial Taxes, J&K Government, Excise and Taxation Complex,
Rail Head, Jammu.
Digitally signed by HARSHIT YADAV
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",
HARSHIT YADAV
Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected],
CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.06 12:02:44+05'30'
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6. Sh. Wajahat Mehmood Thakur S/o Sh. Gh. Nabi Thakur R/0 14/1
Khalifapura Khanyar Tehsil and District, Srinagar at present
Programmer, Office of Commissioner Commercial Taxes, J&K
Government, Excise and Taxation Complex, Solina Rambagh,
Srinagar.
7. Sh. Arvinder Singh S/o Late Dr. Inderjeet Singh R/o Village
Patoora Tehsil Sopore District, Baramulla, at present Programmer,
Office of Commissioner Commercial Taxes, J&K Government,
Excise and Taxation Complex, Rail Head, Jammu.
8. Sh. Sunil Bhagat S/o Sh. Sher Singh Bhagat R/o H. No. 288,
Sarwal New Plot at present Programmer, Office of Commissioner
Commercial Taxes, J&K Government, Excise and Taxation Complex,
Rail Head, Jammu.
9. Sh. Jawed Ahmed Farooqi S/o Sh. Ghulam Jeelani Farooqi R/o
Village Naloora Tehsil Uri, at present Programmer, Office of
Commissioner Commercial Taxes, J&K Government, Excise and
Taxation Complex, Solina Rambagh, Srinagar.
...Respondents
(By Advocate: - Mr. Mr. Sudesh Magotra, ld. AAG, Mr. Rajesh
Thapa, ld. AAG)
Digitally signed by HARSHIT YADAV
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",
HARSHIT YADAV
Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected],
CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.06 12:02:44+05'30'
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 424/2018 was transferred from the Hon'ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/3597/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court with following prayer:
a) "It is, therefore, respectfully prayed that the writ petition may kindly be accepted by issuing an appropriate writ, direction or order including in the nature of writ of mandamus commanding the respondents 1 to 4 to sanction and grant the pay scale of Rs. 7500-12000 (revised) with effect from 12-6-
2006 which has been given to the respondents 5 to 9 and designate him as Programmer and include him in the Gazetted service in terms of the Recruitment Rules with all consequential benefits including arrears of pay and fixation of seniority as Programmer above the respondents 5 to 9. In the alternative, the respondents may kindly be commanded to place the petitioner against the post of Assistant Programmer in as much as he is already carrying the pay scale of Rs. 9300-34800 + 4600 GP with effect from 1-4-2016 i.e before coming into force the Recruitment Rules with all consequential benefits With Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: T.A. No. 3597/2020
b) A further writ of mandamus and prohibition restraining the respondents from finalizing the seniority of respondents 5 to 9, without redressing the grievances of the petitioner.
c) Such other additional or alternate relief, which this Hon'ble Court may in the facts and circumstances of the case deem fit and proper, be also awarded in favour of the petitioner."
3. The facts of the case as averred by the petitioner in his pleadings are as follows:
a) The petitioner is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India. He possesses the requisite academic qualifications, having passed B.Com. in the year 1995, M.Com. in the year 1998, and thereafter acquired a Diploma in Computer Applications from Government College of Commerce, Jammu.
b) During the mid-1990s, with the introduction of Information Technology in Government departments and the large-scale computerization of official work, the State Government faced an acute shortage of technically trained personnel. In the absence of any structured IT cadre or recruitment rules at the relevant time, different departments created technical posts under varying designations such as Computer Operators and Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: T.A. No. 3597/2020 Programmers, though these posts carried identical pay scales and involved substantially similar duties.
c) In order to absorb educated unemployed youth, the State Government issued Government Order No. 129-PD of 1996 dated 04.12.1996, whereby 23,297 posts were created across various departments. These included posts of Computer Operators in the Forest Department and Programmers in the Finance Department. Since no recruitment rules were in force for IT-related posts, appointments were made through direct recruitment by the J&K Service Selection Board against non-
gazetted posts.
d) Pursuant thereto, the J&K Service Selection Board advertised posts of Computer Operators in the pay scale of Rs. 2000-3200 (pre-revised). The petitioner, being fully eligible and possessing qualifications superior to the prescribed minimum, participated in the selection process and was selected. He was appointed as Computer Operator in the Forest Department vide Order No. 502 of 1998 dated 20.03.1998 in the revised pay scale of Rs. 6500-10500 and was borne on the cadre of Jammu Division.
e) Around the same period, respondents 5 to 9 were selected by the same recruiting agency against the posts of Programmers in Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: T.A. No. 3597/2020 the Finance Department pursuant to Advertisement Notice No. 03 of 1997. These respondents were appointed in December 1998 in the same pay scale of Rs. 2000-3200 (pre-revised) / Rs.
6500-10500 (revised) and were later allotted to the Sales Tax and Excise Departments.
f) It is an admitted position that at the time of initial appointment, the petitioner and respondents 5 to 9 were recruited through the same agency, against posts carrying identical pay scales, and were performing similar duties relating to computer operations and IT support. The petitioner was senior to respondents 5 to 9, having been appointed on 20.03.1998, whereas respondents 5 to 9 were appointed subsequently in December 1998.
g) In the absence of recruitment rules or promotional avenues, all such incumbents, including the petitioner, continued on their respective posts for years together and suffered stagnation. However, by Government Order No. 176-F of 2006 dated 12.06.2006, respondents 5 to 9, who were working as Programmers in the Excise and Commercial Taxes Department, were granted an upgraded pay scale of Rs. 7500-12000, while no similar benefit was extended to the petitioner or other Computer Operators working in different departments. Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: T.A. No. 3597/2020
h) The grievance of the petitioner was that despite being similarly situated and senior, he was denied the benefit of pay up-
gradation granted to respondents 5 to 9. The petitioner submitted representations seeking parity in pay scale and designation, invoking the principle of equal treatment. These representations were processed at different administrative levels and forwarded from time to time, including communications dated 03.08.2017 and 14.08.2017, but no final decision was taken.
i) During this period, the State Government undertook policy initiatives to streamline IT-related services, including creation of Information Technology Units under various Government orders. Ultimately, the State decided to constitute a separate Information Technology Department to address stagnation and disparities faced by IT personnel across departments.
j) Certain Computer Operators, including the petitioner, also approached the High Court through writ petitions seeking promotional avenues and parity. In SWP No. 848/2006 titled Furhana Syed and others vs State of J&K and others, the High Court, while disposing of the writ petition vide judgment dated 14.12.2006, observed that the petitioners therein could Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: T.A. No. 3597/2020 seek equal pay for equal work but that final relief would depend upon the framing of recruitment rules, which were then under process.
k) Subsequently, Government Order No. 1094-GAD of 2016 dated 14.10.2016 was issued, whereby the J&K Information Technology Service was created and 314 IT-related posts were re-designated. Under this order, the post of Computer Operator held by the petitioner in the Forest Department was re-
designated as EDP Supervisor in the pay scale of Rs. 9300- 34800 with Grade Pay Rs. 4300.
l) Simultaneously, respondents 5 to 9, who had earlier been granted pay up-gradation w.e.f. 12.06.2006, were included in the Gazetted Service as Programmers in the pay scale of Rs. 9300-34800 with Grade Pay Rs. 4800, as they were already drawing the said pay scale prior to enforcement of the Recruitment Rules.
m) Thereafter, vide Notifications SRO 343 and SRO 344 of 2016 dated 24.10.2016, the J&K Information Technology (Gazetted) Service Recruitment Rules, 2016 and the J&K Information Technology (Subordinate) Service Recruitment Rules, 2016 were notified. As per Schedule-II of the Subordinate Service Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: T.A. No. 3597/2020 Rules, the post of Assistant Programmer carries the pay scale of Rs. 9300-34800 with Grade Pay Rs. 4600 and is to be filled 100% by promotion from the cadre of EDP Supervisors.
n) Prior to the enforcement of these Recruitment Rules, the petitioner had already been granted the second in-situ promotion under the J&K Civil Services (Higher Standard Pay Scale) Rules, 1996 vide Order No. 371-DFPF of 2016 dated 08.04.2016, and was placed in the pay scale of Rs. 9300-34800 with Grade Pay Rs. 4600 w.e.f. 01.04.2016.
o) Thus, on the date the Recruitment Rules of 2016 came into force, the petitioner was already drawing the very pay scale prescribed for the post of Assistant Programmer. Despite this, the petitioner was neither designated as Assistant Programmer nor placed in the Gazetted cadre, and instead continued to be shown as EDP Supervisor with a lower grade pay.
p) Meanwhile, Government Order No. 1401-GAD of 2016 dated 22.12.2016 constituted a Committee for fixation of seniority of employees in the newly constituted Information Technology Service. The petitioner's grievance was that unless his claim for parity, designation, and pay fixation was addressed, finalization Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: T.A. No. 3597/2020 of seniority would cause irreversible prejudice to his service rights.
q) It is further on record that even after creation of the Information Technology Department, the petitioner continued to perform duties in the Forest Protection Force Department and was treated as being on deputation, without any final resolution of his status, designation, or seniority.
r) According to the petitioner, the action of the respondents in granting pay up-gradation and Gazetted status to respondents 5 to 9 w.e.f. 12.06.2006, while denying the same benefit to the petitioner despite his seniority and identical initial conditions of appointment, resulted in hostile discrimination and violation of the principle of equality.
s) The petitioner asserts that at the very least, he was entitled to placement against the post of Assistant Programmer with all consequential benefits, and that denial of such relief has resulted in continued stagnation, loss of seniority, and denial of promotional avenues.
t) It is in the aforesaid factual background, and in the absence of any other efficacious remedy, that the petitioner approached this Tribunal seeking appropriate directions for grant of parity Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: T.A. No. 3597/2020 in pay scale, designation, seniority, and consequential service benefits.
4. The respondents have filed their reply statement wherein they have averred as follows:
a) The respondents have resisted the claim of the applicant by raising both preliminary objections as well as submissions on merits. It is their consistent stand that no legal, constitutional or statutory right of the applicant has been violated and that the present Transfer Application is misconceived, untenable and liable to be dismissed at the threshold.
b) At the outset, the respondents contend that the applicant has not approached the Tribunal with clean hands and has suppressed material facts relating to cadre management, restructuring of Information Technology services, and the statutory framework governing his service conditions. According to the respondents, the applicant seeks to reopen settled issues and raise claims which are impermissible under the notified Recruitment Rules.
c) It is further pleaded that the issues raised by the applicant involve disputed questions of fact relating to cadre structure, hierarchy, and service conditions, which cannot be adjudicated Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: T.A. No. 3597/2020 in the exercise of jurisdiction under the Administrative Tribunals Act. On this ground alone, the respondents submit that the Transfer Application deserves dismissal.
d) On merits, the respondents state that 50 posts of Computer Operators in the pay scale of Rs. 2000-3200 (pre-revised) were created in the J&K Forest Protection Force pursuant to Government Order No. 129-PD of 1996 dated 04.12.1996.
These posts were referred to the J&K Services Selection Board and were advertised in the year 1996. The applicant was selected through the said process and was appointed accordingly.
e) The respondents point out that certain Computer Operators, including the applicant, had earlier approached the High Court in SWP No. 376/2005 titled Vikas Sharma and others vs State of J&K and others, seeking directions for creation of promotional avenues in the Forest Protection Force. The said writ petition was disposed of by the High Court vide order dated 15.03.2018, wherein the stand of the General Administration Department was recorded that the issue of stagnation of Computer Operators was under active Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: T.A. No. 3597/2020 consideration and proposals for creation of a separate cadre and service benefits were being processed.
f) The respondents submit that pursuant to Cabinet Decision No. 91/10/2016 dated 14.10.2016 and Government Order No. 1094-
GAD of 2016 dated 14.10.2016, the Jammu and Kashmir Information Technology Service was created. By virtue of the said Government Order, all Information Technology related posts were withdrawn from various departments and were included in the newly constituted IT Service.
g) It is stated that all existing IT personnel, including Computer Operators of the Forest Protection Force, were re-designated in the IT Service hierarchy strictly in accordance with the pay scale which they were holding at the time of creation of the IT Service or any up-gradation or promotion granted prior thereto. Consequently, the post of Computer Operator held by the applicant was re-designated as EDP Supervisor in the pay scale of Rs. 9300-34800 with Grade Pay Rs. 4300.
h) The respondents emphasise that the services of the applicant and other similarly situated employees are governed by the Jammu and Kashmir Information Technology (Subordinate) Service Recruitment Rules, 2016, notified vide SRO 344 dated Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: T.A. No. 3597/2020 24.10.2016, which are administered by the Information Technology Department. The cadre management of the applicant stands transferred to the IT Department, and therefore the applicant has no subsisting cause of action against the answering respondents.
i) According to the respondents, the designation of each employee in the IT Service has been determined strictly on the basis of the pay scale held by such employee at the time of initial appointment or subsequent up-gradation. The post of Programmer in the IT Service carries a higher pay scale of Rs.
9300-34800 with Grade Pay Rs. 4800, whereas the applicant was holding a lower grade and was therefore correctly placed as EDP Supervisor.
j) The respondents specifically deny that it is permissible under the IT Service Rules to redesignate or place the applicant in the hierarchy of the IT Service as Programmer merely because he has completed certain years of service or has been granted in- situ promotions. It is asserted that even if the applicant has availed the grade of Assistant Programmer or higher standard pay scales, the same does not automatically entitle him to redesignation as Programmer.
Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: T.A. No. 3597/2020
k) The respondents also submit that the issues raised by the applicant relate to a period prior to the notification of the IT Service Rules and have no relevance under the notified statutory framework governing the service conditions of IT personnel. Once the Recruitment Rules have come into force, the claims of the applicant must be tested strictly in accordance with the said Rules.
l) It is, therefore, pleaded that the applicant has no vested or enforceable right to seek redesignation as Programmer or placement in a higher grade dehors the Recruitment Rules. The respondents deny all allegations of discrimination, arbitrariness, or violation of Articles 14 and 16 of the Constitution.
m) In conclusion, the respondents assert that the present Transfer Application is misconceived, legally untenable, and devoid of merit. They pray that, in view of the preliminary objections and submissions on merits, the Transfer Application be dismissed in limine.
5. Heard learned counsel for the parties and perused the material on record.
Digitally signed by HARSHIT YADAV
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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: T.A. No. 3597/2020
6. The present Transfer Application has been filed by the applicant, who was appointed as Computer Operator in the Forest Protection Force/Forest Department, seeking parity of pay scale and designation with similarly situated persons (respondents 5 to 9) who, according to the applicant, were appointed as Programmers, were granted an upgraded pay scale w.e.f. 12.06.2006, and were later included/placed in the Information Technology Department/Service under the Recruitment Rules framed in the year 2016. The applicant asserts that though he was performing identical duties and was even senior in appointment, the benefit of upgraded pay scale and corresponding placement/designation was denied to him, resulting in hostile discrimination.
7. The applicant's case, in substance, is that:
• He was appointed as Computer Operator on 20.03.1998 in the revised pay scale of Rs. 6500-10500 (earlier pre-revised Rs. 2000-3200), and respondents 5 to 9 were appointed in December, 1998 and are juniors to him.
• Respondents 5 to 9 were subsequently granted upgradation to Rs. 7500-12000 (pre-revised 2100-3600) w.e.f. 12.06.2006 (vide Govt. Order referred in pleadings as 176-F of 2006 dated Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: T.A. No. 3597/2020 12.06.2006) and were later treated/placed as Programmers, eventually forming part of the newly created IT set-up.
8. Despite representations routed through proper channel (including communications in 2017 as pleaded), the grievance was not redressed.
9. After framing of the Recruitment Rules in 2016 (SROs referred), he was re-designated as EDP Supervisor with GP 4300, whereas, according to him, his pay level/grade corresponded at least to Assistant Programmer (GP 4600) and in any case he was entitled to the same benefit as respondents 5 to 9 i.e., Programmer (GP 4800) with consequential seniority and pay fixation.
10. The respondents, per their reply, have opposed the claim by raising preliminary objections and submissions on merits. The principal stand is that:
• After Cabinet decision and Government Order dated 14.10.2016, the J&K Information Technology Service was created and IT posts were withdrawn from departments and included in IT Service; designations were assigned as per pay scale held at the time of creation/placement; applicant was accordingly re-designated as EDP Supervisor (GP 4300), while Programmer carried GP 4800.
Digitally signed by HARSHIT YADAV
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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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11. On the pleadings, the following issues arise for consideration:
(i) Whether the applicant has established that he was similarly situated to respondents 5 to 9 in nature of duties and entitlement to the upgraded scale w.e.f. 12.06.2006, and whether denial thereof is discriminatory?
(ii) Whether creation of the IT Service/Recruitment Rules in 2016 defeats or neutralizes the applicant's claim for parity and proper placement/designation?
(iii) What relief, if any, the applicant is entitled to, including the extent of arrears and consequential benefits.
A. Equality and parity in pay for identical work
12. It is well settled that Article 14 strikes at arbitrariness, and where the State treats equals unequally without a rational basis, the action cannot stand. The constitutional principle of "equal pay for equal work", though not a fundamental right in isolation, is a constitutional goal flowing from Articles 14 and 16 and has been repeatedly affirmed as enforceable where employees are similarly situated and discrimination is apparent.
13. The Hon'ble Supreme Court in Randhir Singh v. Union of India recognized "equal pay for equal work" as flowing from Articles 14 Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 19 :: T.A. No. 3597/2020 and 16 and held that the State cannot deny equal pay when the work performed is the same and the classification has no reasonable nexus. The principle was reiterated in Dhirendra Chamoli v. State of U.P. and later in State of Punjab v. Jagjit Singh, where the Court held that when the nature of work, duties and responsibilities are substantially similar, denial of parity without justifiable basis is impermissible.
14. Applying the above principles, this Tribunal finds from the applicant's pleadings (and the contextual documents placed) that the applicant's grievance is not merely about a "promotion" but about parity of pay scale/placement where juniors performing similar IT/computer- related functions have been granted an upgraded scale and placement while the applicant has been left out without a reasoned decision. The respondents, while denying entitlement, have not produced any material indicating that the nature of duties of the applicant were materially different so as to justify denial of parity, particularly when respondents 5 to 9 were granted an upgraded pay scale w.e.f. 12.06.2006.
15. The respondents' stand essentially is that designation/pay hierarchy was fixed as per pay scale at the time of creation of IT Service. That may explain the mechanism adopted in 2016; however, it does not answer the applicant's core grievance: why the applicant--who Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 20 :: T.A. No. 3597/2020 claims parity with respondents 5 to 9 and claims to be senior-- was not extended the same upgraded pay scale w.e.f. 12.06.2006, which appears to be the foundational benefit from which later placement in the IT setup flowed.
16. The Court/Tribunal is not required to substitute itself as an expert pay-
fixation authority; however, where the record discloses unequal treatment between similarly situated employees, the Tribunal is duty bound to correct arbitrariness and ensure equal protection of law. B. Seniority and discriminatory denial vis-à-vis juniors
17. The applicant has specifically pleaded that he was appointed on 20.03.1998, whereas respondents 5 to 9 were appointed in December 1998, thereby being juniors. If juniors were granted an upgraded scale/designation benefit from 12.06.2006, denial of the same to the senior employee, without a rational distinguishing factor, offends the equality clause. In service jurisprudence, discrimination becomes more glaring where a junior is granted a benefit and the senior is denied without lawful justification.
18. The respondents have taken a broad plea that the applicant's matter is governed by IT Rules of 2016 and pay-level mapping has been done. But they have not shown any speaking order rejecting the applicant's Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 21 :: T.A. No. 3597/2020 claim for parity w.e.f. 12.06.2006 nor have they demonstrated any rational classification between the applicant and respondents 5 to 9. C. Effect of 2016 IT Service Rules: cannot validate prior discrimination
19. The creation of the IT Service and framing of Recruitment Rules in 2016 cannot be used as a shield to perpetuate an earlier discriminatory denial. If, prior to 2016, similarly situated employees were granted upgraded pay scale and the applicant was wrongly denied the same, then subsequent restructuring cannot be relied upon to defeat a legitimate parity claim.
20. It is also relevant that the applicant refers to earlier litigation in which the High Court had observed that the concerned employees could claim equal pay for equal work, and that matters relating to service rules were in the process of finalization. Once the State itself upgraded pay scales of respondents 5 to 9 w.e.f. 12.06.2006, the applicant's claim for being treated similarly becomes stronger, not weaker.
21. As regards arrears, the law is equally settled that pay-related claims can constitute a continuing/recurring cause; however, arrears are ordinarily restricted to a reasonable period to balance equities. Digitally signed by HARSHIT YADAV
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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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22. Therefore, while the applicant is entitled to parity and consequential fixation, monetary arrears shall be regulated in terms of the above principle, i.e., arrears shall ordinarily be confined to three years prior to the filing of the original proceedings (subject to adjustment of any amounts already paid and subject to service record verification).
23. For all the foregoing reasons, this Tribunal holds that the applicant has made out a case of hostile discrimination. The respondents have failed to justify the denial of the upgraded pay scale and corresponding placement/designation benefits to the applicant, particularly when respondents 5 to 9, who are pleaded to be juniors, were granted such benefit w.e.f. 12.06.2006.
24. Before parting with the matter and proceeding to grant relief, it is apposite to note that the controversy raised in the present Transfer Application is no longer res integra. An identical issue arising out of the same factual matrix, involving Computer Operators of the Forest Protection Force vis-à-vis Programmers and their discriminatory exclusion from the benefit of upgradation of pay scale w.e.f. 12.06.2006 and subsequent placement under the Information Technology Service, came up for consideration before this very Tribunal in T.A. No. 4178/2021, titled Anil Gupta & Ors. vs State of J&K & Ors., decided on 11.07.2025. In the said judgment, this Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 23 :: T.A. No. 3597/2020 Tribunal, after an exhaustive examination of the recruitment process, nature of duties, pay parity, effect of Government Order No. 176-F of 2006 dated 12.06.2006, and the restructuring brought about by Government Order No. 1094-GAD of 2016 and SROs 343 and 344 of 2016, categorically held that the selective upgradation granted to Programmers, while denying the same to similarly situated Computer Operators appointed through the same process and holding identical qualifications, amounted to hostile discrimination violative of Articles 14 and 16 of the Constitution of India. The Tribunal further held that subsequent framing of IT Service Rules could not legitimize or perpetuate an earlier unconstitutional discrimination and accordingly granted parity in pay scale, designation, seniority and consequential benefits to the applicants therein. The ratio laid down in the said judgment squarely applies to the present case, as the facts, grievance, and legal issues involved are materially indistinguishable. Judicial discipline, consistency, and certainty in service jurisprudence therefore warrant that the applicant herein be extended the same relief.
25. It is a settled principle of judicial discipline that a coordinate Bench of a Tribunal is bound by an earlier decision on identical issues, unless the same is distinguished on facts or referred to a larger Bench.
Consistency and certainty in service jurisprudence are essential to Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.06 12:02:44+05'30' Foxit PDF Reader Version: 2025.2.0 :: 24 :: T.A. No. 3597/2020 uphold the rule of law and to avoid anomalous and contradictory outcomes for similarly situated employees. The Hon'ble Supreme Court has repeatedly held that judicial propriety demands that a coordinate Bench follow an earlier decision, particularly when the facts and legal issues are substantially identical, and that deviation without cogent reasons undermines institutional credibility.
26. In the present case, the respondents have neither demonstrated any distinguishing feature nor placed any subsequent judgment of a superior court setting aside or staying the decision rendered in T.A. No. 4178/2021. In the absence of any such distinguishing circumstance, this Tribunal is bound to follow its earlier decision.
Denial of similar relief to the applicant, despite identical facts and legal issues, would itself amount to arbitrary and discriminatory treatment, offending Articles 14 and 16 of the Constitution of India.
27. It is also clarified that the principle of res judicata does not operate against the applicant. The applicant was not a party to the earlier proceedings, and the judgment in T.A. No. 4178/2021 is relied upon not as a bar but as a binding precedent of a coordinate Bench laying down the correct legal position. On the contrary, denial of the same relief to the applicant would perpetuate inequality between identically placed employees, which the doctrine of equality expressly forbids. Digitally signed by HARSHIT YADAV
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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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28. For the reasons recorded hereinabove, and in view of the settled legal position as well as the binding decision of this Tribunal in T.A. No. 4178/2021 (decided on 11.07.2025), the present Transfer Application is allowed in the following terms:
a) The respondents are directed to grant to the applicant the benefit of upgradation of pay scale corresponding to Rs. 7500-
12000 (pre-revised) w.e.f. 12.06.2006, at par with respondents 5 to 9, with all consequential pay fixation benefits.
b) Consequent upon such upgradation, the respondents shall re-fix the placement and designation of the applicant in the Information Technology Service hierarchy in accordance with the Recruitment Rules of 2016, ensuring that the applicant is not placed in a lower cadre/designation than that legitimately corresponding to his pay level.
c) The seniority of the applicant vis-à-vis respondents 5 to 9 shall be re-determined/protected in accordance with law, keeping in view his earlier date of appointment and parity of benefits, and all consequential service benefits shall follow.
d) Monetary arrears arising out of the above directions shall be released after due fixation; however, in terms of the settled law, arrears shall be restricted to a period of three years prior to the Digitally signed by HARSHIT YADAV 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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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e) The entire exercise shall be completed by the respondents within a period of (12) weeks from the date of receipt of a certified copy of this judgment.
29. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by HARSHIT YADAV
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", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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