CAT Srinagar Directs J&K Administration To Grant Full Service Benefits To Retired Officer After 20 Years

The Srinagar bench of the Central Administrative Tribunal (CAT) directed the J&K administration to grant full service benefits, including seniority and promotion, to 70-year-old retired officer, while quashing the government order denying him seniority and promotion.

The applicant had challenged this government order claiming it was blatant violation of the High Court's judgment, which directed full service benefits based on his entire tenure, including time served in the Forest Department which was not complied by government.

The members of Tribunal D.S. Mahra and Prasant Kumar observed that it is evident that the direction given by the J&K High Court 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.

The tribunal said that The the state authorities failed to comply with High Court orders dating back to 2012 and 2013. It said that the government had limited its relief only to pension, thereby violating the spirit and mandate of prior judicial directions.

The tribunal directed to release the benefits to the applicant in its true spirit and grant the benefits under past services including seniority, promotion, induction into administrative services, by passing a reasoned and speaking order in accordance with law.

It also quashed a 2018 order passed by the Jammu & Kashmir administration wherein the implementation of the high court judgement was not done properly.

The applicant was inducted in government service back in 1960, working with the Forest Department. He was later promoted to Forest Ranger. That same year, he made a career move to the Revenue Department, where he was appointed as a Naib Tehsildar through proper departmental channels.

However, despite the legitimate transfer, his years of service in the Forest Department were never counted when it came to seniority or promotions in his new role.

After years of fighting, in 2012 the High Court ruled in his favour. The Court ordered the government to recognize his earlier service and grant him all the benefits that came with it. In 2013, the Court reinforced its stance, warning officials that ignoring the directive would be at their own risk.

However despite High Court the petitioner was made to suffer by not implementing the judgment in letter and spirit and hence the present application before the tribunal.

APPEARANCE

Faizan M Bhat, Advocate For Petitioner

Waseem Gul GA For Respondents

Case-Title: Khazir Mohammad Dar vs Union Territory of J&K & Ors , 2025

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