CAT Srinagar Quashes J&K Govt Order, Directs Full Service Benefits to Retired Officer Including Seniority and Promotion After 20-Year Delay
Pranav B Prem
The Central Administrative Tribunal (CAT), Srinagar Bench, comprising Member (Judicial) D.S. Mahra and Member (Administrative) Prasant Kumar, has directed the Jammu & Kashmir administration to grant full service benefits—including seniority, promotion, and induction into administrative services—to a 70-year-old retired officer, Khazir Mohammad Dar, after two decades of legal struggle. The Tribunal set aside a 2018 government order which limited the benefits to pension alone and held that this action failed to comply with the binding directions issued earlier by the Jammu & Kashmir High Court.
Background
The applicant, Khazir Mohammad Dar, began his government service in 1960 with the Forest Department. In 1969, he was promoted as a Prosecuting Forest Ranger. While serving in that department, he applied through the proper channel for the post of Naib Tehsildar in the Revenue Department and was appointed to the post on 08.10.1973 after completing the selection process.
Despite the legitimate transition, the service he had rendered in the Forest Department from 1969 to 1973 was never accounted for in his seniority or promotional prospects in the Revenue Department. Aggrieved by this, Mr. Dar approached the Jammu & Kashmir High Court by filing Writ Petition SWP No. 1202/2002. The High Court, in its judgment dated 14.03.2012, categorically directed the government to treat the service rendered in the Forest Department as regular service for purposes of seniority, promotion, and other consequential benefits.
To ensure implementation of the 2012 order, the applicant filed another writ petition—SWP No. 438/2013—wherein the High Court, by its order dated 06.12.2013, reiterated its earlier direction and emphasized that the benefit of past service must not be limited to pension alone. The High Court warned that any further attempt to thwart the implementation of the judgment would be at the peril of the respondents.
Non-Compliance and CAT Proceedings
Despite these clear judicial directives, the respondents issued Government Order No. 138-Rev(NG) of 2018 dated 27.07.2018, which limited the benefit of past service rendered in the Forest Department only to pay fixation and pensionary benefits, excluding seniority and promotion. Challenging this partial implementation, the applicant filed O.A. No. 291/2022 before the CAT Srinagar Bench.
Before the Tribunal, counsel for the applicant submitted that the State had willfully disregarded the letter and spirit of the High Court’s directions and that limiting the benefit to pension alone was arbitrary and unlawful. The Tribunal was informed that the applicant had been made to suffer unnecessarily due to non-implementation of binding judicial orders.
The respondents defended their action by stating that Government Orders dated 22.11.2017 and 27.07.2018 had already granted the applicant certain consequential benefits. They contended that fixing seniority retroactively based on past service in a different department would cause administrative complications and was not permissible under service rules.
Tribunal’s Observations and Order
The Tribunal rejected the respondents’ justification and held that the High Court’s orders were clear and unambiguous. The CAT found: "From a plain reading of the order dated 06.12.2013 and order dated 14.03.2012 passed by the Hon’ble High Court, it is evident that the direction was not confined merely to pensionary benefits, but rather to grant the benefit of past service with all consequential benefits, including seniority, promotion, and induction in administrative service."
It further stated: “The respondents have not fully complied with the spirit and intent of the High Court’s orders. The consideration order dated 27.07.2018 does not conform to the mandate of the Hon’ble High Court.”
Accordingly, the Tribunal set aside Government Order No. 138-Rev(NG) of 2018 and directed the respondents to:
Release the benefits due to the applicant in the true spirit of the High Court’s orders;
Grant the benefit of past service in the Forest Department along with seniority, promotion, and induction into administrative service;
Issue a reasoned and speaking order within two months of receiving a certified copy of the CAT order.
The Tribunal concluded the matter by disposing of the original application and made no order as to costs.
Appearance
For the Applicant: Mr. Faizan M Bhat, Advocate
For the Respondents: Mr. Waseem Gul, Advocate
Cause Title: Khazir Mohammad Dar V. Union Territory of J&K & Ors
Case No: O.A. No. 291/2022
Coram: Hon’ble Mr. D.S. Mahra [Member(Judl.)], Hon’ble Mr. Prasant Kumar [Member (Admn.)]
[Read/Download order]
