The discretionary benefit for outstanding sportspersons, regulated by statutory Rules, is founded in equity and capable of being waived or acquiesced in.

JUDGMENT :

Sanjeev Kumar, J.

1. This petition under Article 226 of the Constitution of India is directed against judgment dated 08.03.2021 passed by the Central Administrative Tribunal, Jammu Bench, Jammu [“the Tribunal”] in T.A No.61/767/2020 titled ‘Gourav Gupta vs. State and others’ whereby the Tribunal has dismissed the petition of the petitioner registered as T.A.

2. Briefly stated the facts which emerge from pleading of the parties are that the petitioner was considered along with other outstanding sportspersons under SRO 376/2004 for appointment in Government service. On the basis of recommendations made by the Committee constituted under SRO 349/1998 read with SRO 376/2004, the petitioner was appointed as Demonstrator in the pay scale of Rs.9300-34,800 with Grade Pay of Rs.4200 in the Department of Technical Education vide Government Order No.1110-GAD of 2014 dated 24.10.2014. The petitioner submitted his joining report before respondent No.3 on 10.09.2014 and the same was accepted. On scrutiny of the qualification documents of the petitioner, the Department of Technical Education found that the petitioner did not hold the eligibility qualification for the post of Demonstrator against which he stood appointed by the Government. Consequently, respondent No.4 vide his communication dated 27.11.2014 intimated this fact to the General Administration Department [“GAD”].

3. When the matter was under examination of the GAD, the petitioner filed an application on 30.10.2014 requesting therein that he may be appointed against the post of Sub-Inspector in the Excise and Taxation Department in the pay scale of Rs.5200-20,200 with grade pay of Rs.2400 with an undertaking that he shall not make claim for higher or equivalent grade of Demonstrator against which he was appointed vide Government order dated 24.10.2014. The application was considered by the GAD and after taking up the matter with the Finance Department for locating a direct recruitment post of Sub-Inspector in the Excise and Taxation Department, the petitioner was appointed to the post of Sub-Inspector in the pay scale of Rs.5200-20,200 with grade pay of Rs.2400 in Divisional Cadre, Jammu vide Government Order dated 29.01.2015. This order was accepted by the petitioner without any protest or demur. It was only after the petitioner had worked for more than 6 months, it occurred to him to approach this Court to lay claim for the post of Inspector in the Excise and Taxation Department which is in the pay scale of Rs.9300-34,800/- with Grade Pay of Rs.4200.

4. With the coming into force of the Jammu and Kashmir Reorganization Act, 2019 and the constitution of Central Administrative Tribunal for UT of Jammu and Kashmir, the writ petition filed by the petitioner came to be transferred to the Tribunal . On receipt of the said writ petition, the Tribunal registered it as T.A No.61/767/2020 which has been disposed by the Tribunal vide order and judgment impugned in this petition.

5. Heard learned counsel for the parties and perused the material on record.

6. Admittedly, the petitioner is an outstanding sportsperson and, therefore, eligible to be considered for appointment in Government service under the Jammu and Kashmir (Appointment of Outstanding Sportspersons), Rules 1998 [“the Rules of 1998”].

7. Rule 3 of the Rules of 1998 clearly indicates that the outstanding sportspersons are entitled to be considered for appointment against any vacancy in the non-gazetted cadre subject to the procedure laid down in the said Rule. Sub-Rule (2) of Rule 3 of the Rules of 1998 provides for constitution of a Committee headed by the Chief Secretary to make recommendations for appointment of outstanding sportspersons. The appointment of outstanding sportspersons against non-gazetted posts is, of course, at the sole discretion of the Government. As is provided in Rule 3(i) and 3(ii), a person possessing qualification of 10+2 may be considered for appointment against a vacancy in the non-gazetted cadre