Excelsior Correspondent
JAMMU, Aug 5: The Central Administrative Tribunal (CAT), Srinagar Bench, has quashed Government Order No.129-JK(Rev) of 2024 dated 13.11.2024, which had denied notional service benefits to six Naib Tehsildars.
The Tribunal has directed the Union Territory administration to reconsider their case in accordance with applicable law and judicial precedents.
The applicants-Hamidullah Dar, Ali Mohammad Bhat, Imtiyaz Ahmad Dar, Rayees Ahmad Parray, Mushtaq Ahmad Dar and Iftikhar Ahmad Gatoo-had filed OA No. 904/2024 seeking notional appointment and seniority from November 2009, the same effective date granted to similarly situated candidates in Inamul Haq Hajam Versus State of J&K and Stanzin Rigdol Versus UT of J&K.
The Tribunal, comprising M S Latif (Judicial Member) and Prasant Kumar (Administrative Member), found that the Government had failed to apply the principles of equality and had discriminated between similarly placed candidates. The order was found to be arbitrary, lacking due reasoning, and contrary to binding judicial precedents.
“The law is settled that similarly situated employees cannot be treated differently. Denial of notional benefits to the applicants, while granting the same to others, is a clear violation of Article 14 of the Constitution,” the Tribunal stated in its order.
The Tribunal directed the Revenue Department to pass a fresh, reasoned order within six weeks, ensuring compliance with the rulings in the Stanzin Rigdol and Sanjay Dhar cases, and to consider the applicants’ entitlement to notional seniority, pension, and service benefits-excluding monetary arrears.
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