Central Administrative Tribunal

AZHAR KHAN vs GENERAL ADMINISTRATIVE DEPARTMENT on 27 October 2026

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:: 1 :: O.A. No. 61/1485/2026

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

Hearing through video conferencing

Original Application No. 61/1485/2026

This the 27th day of October 2026

HON’BLE SHRI RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

HON’BLE SHRI DIWAKAR SINGH, JUDICIAL MEMBER

1.

Azhar Khan, Age 32 years

S/o Munshi Khan.

R/o Channi Himmat,

Tehsil & District Jammu J&K-180015.

…..Applicant

(Through Advocate: Mr. N D Qazi)

VERSUS

1.

Union Territory of Jammu & Kashmir through Through its Commissioner Secretary, General Administration Department, Civil Secretariat, Jammu/Srinagar 180001.

2.

Commissioner Secretary/Administrative Secretary to Govt., Rural Development Department & Department of Panchayati Raj Department, Civil Secretariat, Jammu/Srinagar 180001.

.....Respondents

(Through Advocate: Mr. Sudesh Magotra, learned Addl. A.G.)

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O R D E R

Shri Ram Mohan Johri, Administrative Member This is an Original Application filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:- “i. consider and grant confirmation to the Applicant in the Junior Scale of the Jammu & Kashmir Administrative Service (JKAS) upon satisfactory completion of the

RAJAT SINGH PATHANIA

:: 2 :: O.A. No. 61/1485/2026

prescribed period of probation, in accordance with the applicable service rules; ii. consider the Applicant's case objectively and independently, without treating the mere pendency of FIR No. 245/2025/criminal prosecution as an automatic or absolute bar to his confirmation, particularly when the proceedings before the learned Trial Court have been kept in abeyance by the Hon'ble High Court vide order dated 06.07.2026 in CRM(M) No. 672/2026; iii. take into consideration the Applicant's satisfactory service record, Work and Conduct/Integrity Certificates, Vigilance Clearance dated 12.02.2026, absence of any conviction or departmental finding of misconduct, and the subsisting interim protection granted by the Hon'ble High Court; iv. extend to the Applicant all consequential service benefits, including confirmation from the date he became entitled thereto, in accordance with the applicable rules; and v. consider the Applicant's case in the light of the principles laid down by the Hon'ble Supreme Court in Union of India v. K.V. Jankiraman & Ors., (1991) 4 SCC 109, and other applicable judgments, and not mechanically treat the pendency of the criminal prosecution as an absolute bar to consideration of the Applicant's legitimate service claim; vi. pass a reasoned and speaking order on the present representation within a reasonable time; Pass any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

2. Learned counsel for the applicant submitted that the applicant would be satisfied if this Original Application is disposed of with the directions to the respondents to consider the case of the applicant keeping in view the order passed in O.A. No. 1306 of 2026, titled Paramdeep Singh Vs. UT of J&K, dated

RAJAT SINGH PATHANIA

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29.09.2026 as well as judgment passed by the Hon’ble Supreme Court in Union of India Vs. K. V. Janakiraman 1991 AIR 2010, dated 27.08.1991.

3. Heard learned counsel on both sides.

4. Accordingly, the Original Application stands disposed of, at the admission stage without entering into the merits, with a direction to the respondents to examine the case of the applicant in the light of the judgment passed by the Hon’ble Supreme Court in Union of India Vs. K. V. Janakiraman 1991 AIR 2010, dated 27.08.1991, and judgment passed by this Tribunal in O.A. No. 1306 of 2026, titled Paramdeep Singh Vs. UT of J&K, dated 29.09.2026. In the event that the applicant’s case is found to be similarly situated and the equivalence is established, the respondents shall extend to the applicant the same benefits as were granted to the applicant in the aforesaid case. Such exercise shall be completed within a period of six weeks from the date of receipt of a certified copy of this order. No order as to costs.

Ordered accordingly.

(DIWAKAR SINGH)

(RAM MOHAN JOHRI) Judicial Member Administrative Member RS Pathania Steno-D

RAJAT SINGH PATHANIA

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