Romesh chander vs PUBLIC WORK DEPARTMENT R AND B

O.A. No. 1147 of 2026
[1]
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1147 OF 2026
th
(Srinagar, 15 day of October 2026)

C O R A M
HON’BLE MR. M. S. LATIF, MEMBER (JUDL.)
............
1. Romesh Chander, Age: 40 years S/o: Anchal Ram R/o: 159-Jandi,
Hiranagar, Post Office Jandi District Kathua-194142

2. Mohd. Usman, Age: 45 years S/o: Mohd. Iqbal R/o: Madoon,
Darhal, Rajouri, Post Office Tора-185135
3. Ravinder Singh, Age: 42 years S/o: Ram Saroop R/o: Sohagpur,
Post Office-Arina, District Jammu - 181131

4. Naresh Kumar, Age: 44 years S/o: Kamal Raj R/o: Kund, Bhajwal,
Post Office: Sunderbani, District Rajouri - 185153.
............ Applicant(s).

By Advocate : - Mr. Basharat Ahmad Wani.

Versus

1. Union Territory of J&K through Commissioner / Secretary to
Government, Public Works (R&B) Department, Civil
Secretariat Srinagar - 190001

2. Secretary to Government, Public Works (R&B) Department,
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
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PUNIA
Civil Secretariat, Srinagar - 190001.

3. Chief Engineer, Public Works (R&B) Department, Central
Kashmir, Srinagar - 190001

4. Superintending Engineer, Public Works Department (R&B)
Department, Circle Srinagar, North - 190001

5. Executive Engineer, Public Works (R&B) Department,
Division Kashmir, Karan Nagar, Srinagar -190010
6. Technical Officer to Superintending Engineer, R&B Circle,
Srinagar North - 190001

O.A. No. 1147 of 2026
[2]
........... Respondents.

By Advocate : - Mr. Syed Musaib, DAG.


ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
The applicants, 04 (four) in number, have filed the instant
O.A. Since the cause of action and reliefs claimed by all the
applicants are identical, the M.A. for joint application under Rule
4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant O.A., the applicant seeks
the following reliefs:

a. Allow the application and the respondents be directed to
consider the case of the applicants for pay-fixation in
terms of the provisions of J&K Civil Services Regulations,
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
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particularly Articles 259-A, 260-A and 260-C.
PUNIA
b. Allow the application and the grievance of the applicants
be considered for pay-fixation as already represented by
the applicants before the respondents / non-applicants.
c. Allow the application and a direction upon the
respondents be passed for determination of the applicants

O.A. No. 1147 of 2026
[3]
pay fixation and direct the respondents to re-fix the pay
from the legally administrative date and grant all
consequential benefits including arrears and
consequential increments in favour of the applicants, as
scrutinizing the applicants Army Service Record, last pay
drawn, pensionary particulars and Date of Civil
Reemployment and the Applicable Government Rules /
Instructions.

d. Allow the application and the respondents be directed to
ensure redressal of the genuine grievances of the
applicants within a stipulated period more preferably
within two weeks.
e. Any other relief which this Hon'ble Tribunal deems fit and
proper in the attending circumstances of the case may
also be passed in favour of the applicants.

3. What emerges from the pleadings made in the O.A. is that
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
the applicants are re-employed ex-servicemen who were
appointed as Class-IV/Multi-Tasking Staff (MTS) employees in the
respondent department in the year 2021. As stated, they are
presently posted in the office of respondent no. 5 and have been
discharging their duties to the satisfaction of their superiors. Being

O.A. No. 1147 of 2026
[4]
aggrieved by the non-fixation of their pay in accordance with the
applicable provisions of the Jammu and Kashmir Civil Service
Regulations (J&K CSRs), the applicants submitted a representation
dated 30.10.2025 seeking appropriate pay-fixation.
4. It is stated that respondent no. 3, vide communication dated
29.10.2025, forwarded the applicants' grievance to the higher
authorities, requesting necessary action regarding fixation of their
pay under the J&K CSRs. Thereafter, respondent no. 5
communicated to the higher authorities that the applicants' cases
required verification at the Directorate level and that their
grievances be redressed in accordance with the applicable
Government orders, Service Rules and Financial Regulations. The
applicants rely upon communications dated 14.02.2026,
25.02.2026, 23.07.2026 and 08.08.2026 in support of their
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
contention that their cases were examined and forwarded for
necessary action, but no final decision has been taken.
5. Learned counsel for the applicants submits that respondent
no. 3, vide communication dated 27.07.2026, forwarded the
relevant communication, service bio-data and pay-fixation

O.A. No. 1147 of 2026
[5]
statements in respect of the applicants, who are working as Class-
IV employees in the R&B Division, Karan Nagar, Srinagar, to
respondent no. 5 for verification and confirmation. It was stated
therein that, as no Assistant Accounts Officer and Accounts
Assistant Personnel was posted in the Divisional Office, the matter
required verification at the office of respondent no. 5. The
applicants also rely upon communication dated 09.07.2026 issued
by respondent no. 2 to respondent no. 4, directing examination
and disposal of their representation in accordance with the
relevant provisions of the J&K CSRs and requiring the action taken
to be communicated within two weeks.

6. It is contended that the entitlement to pay fixation, of the
applicants, is governed by Articles 259-A, 260-A and 260-C of the
J&K CSRs, which prescribe the manner of fixing the pay of
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
pensioners and ex-servicemen re-employed in Government service
and regulate the treatment of military pension for such purposes.
The relevant portion of said Articles is reproduced in the O.A.
7. Learned counsel for the applicants submits that having
retired from the Indian Army and thereafter been appointed as

O.A. No. 1147 of 2026
[6]
Class-IV/MTS employees in the respondent department, their pay
is required to be determined in accordance with the applicable
provisions of the J&K CSRs and not left to administrative discretion.
8. The applicants also placed reliance upon Government Order
No. 531-GAD of 2013 dated 28.03.2013, concerning the re-
employment of retired officers, which, according to them, provides
for fixation of pay in terms of Article 259-A of the J&K CSRs. They
contend that the applicable statutory provisions and Government
instructions prescribe the manner of fixation of pay on
reemployment and specifically regulated the treatment of pension
of ex-servicemen for the purpose of such fixation.

9. As stated, despite repeated communications between the
concerned authorities and the forwarding of their cases for
verification and consideration, their pay-fixation grievance remains
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
unresolved. They submit that no final or reasoned order
determining their entitlement has been communicated to them
and that the continued delay has resulted in recurring financial
loss, as the fixation of initial pay has a bearing on subsequent
increments, pay progression and other consequential service

O.A. No. 1147 of 2026
[7]
benefits.

10. The grievance of the applicants is that despite being re-
employed ex-servicemen appointed as Class-IV/MTS employees in
the respondent department, their pay has not been fixed in
accordance with the applicable provisions of the J&K CSRs and the
Government instructions governing re-employed ex-servicemen.
The applicants state that, despite the lapse of considerable time
and repeated inter-departmental communications, their grievance
remains pending, causing continuing financial hardship to them
and their respective families.

11. Heard.

12. At the request of learned counsel for the applicants, the
O.A. is taken up for its disposal.
13. The O.A. is disposed of by providing that the respondents
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA
shall treat this O.A. as a representation, and shall consider and
decide the case of the applicants as regards their pay-fixation, in
accordance with law and the rules governing the field. While
deciding the case of the applicants, the respondents shall take note
of the provisions of the J&K CSRs, particularly Articles 259-A, 260-A

O.A. No. 1147 of 2026
[8]
and 260-C as also the Government Order No. 531-GAD of 2013
dated 28.03.2013, and pass appropriate orders with due dispatch
preferably within a period of 08 (eight) weeks from the date a
certified copy of this Order is served upon the respondents.
Needless to mention that this Court has not expressed any opinion
on the merits or otherwise of the case, and the respondents shall
decide the case of the applicants strictly in accordance with rules,
keeping in view their eligibility/entitlements.

14. Accordingly, O.A. No. 1147/2026 is disposed of along with all
connected M.A.s, if any.

15. No order as to costs.

(M. S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
15.10.2026
Digitally signed by ABHISHEK PUNIA
DN: C=IN, CN=ABHISHEK PUNIA, O=Central Administrative Tribunal Srinagar
Bench, OU=Department of Personnel And Training, ST=Jammu And Kashmir,
postalCode=190001, serialNumber=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
ABHISHEK telephoneNumber=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.10.16 15:25:49+05'30'
Foxit PDF Reader Version: 2025.3.0
PUNIA