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2023 Supreme(J&K) 242

N. KOTISWAR SINGH, JAVED IQBAL WANI
UT of J&K – Appellant
Versus
Ashiq Ahmad Magray – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mohsin Qadiri, Sr. AAG, with Mr. Syed Musaib, Dy. AG., and Ms. Maha Majeed.
For the Respondent:Mr. S.F. Qadiri, Sr. Advocate, with Ms. Tayba Gulnar, Mr. Mir Suhail.

JUDGMENT :

N. Kotiswar Singh, J.

1. The present petition has been filed against the order dated 23.05.2022, passed by the Central Administrative Tribunal (referred to as CAT), in Transfer Application No. 3469/2020.

2. The learned CAT allowed the application filed by the applicant, respondent herein, and directed the respondents, petitioners herein, to treat the applicant as having secured the original 66 marks, call him for viva-voce cum Personality Assessment Test and based on his overall performance, place him in his appropriate merit position in the selection list for the appointment to the post of Prosecuting Officer.

3. The learned CAT further directed that if the applicant is found to have secured more marks than the last person selected in RBA category, the applicant should also be considered for appointment with notional consequential benefits.

4. Before we examine the grounds raised in this petition and the rival contentions of the parties, it may be necessary to refer briefly to the relevant facts of the case at hand.

5. Pursuant to the State Government’s Order No. Home/947(P) of 2012 dated 23.11.2012, the Police HQ issued an advertisement notice dated 29.12.2012 for filing up

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