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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SINDHU SHARMA, SHAHZAD AZEEM
State (Now Union Territory) of Jammu & Kashmir, through Commissioner-cum-Secretary – Appellant
Versus
Raghu Singh Jandla, S/o. Sh. Janak Singh Jandla – Respondent
| Table of Content |
|---|
| 1. caveat discharged; matter heard by consent. (Para 1 , 2) |
| 2. wrongful exclusion from rba selection despite superior merit. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. petitioners oppose notional appointment; arguments heard. (Para 9 , 10 , 11 , 12) |
| 4. tribunal relied on sc precedents for relief. (Para 13 , 14) |
| 5. wrongfully denied candidate entitled to notional seniority. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. tribunal order upheld; writ dismissed. (Para 21) |
JUDGMENT :
SHAHZAD AZEEM, J.
Caveat No. 3010/2025
1. With the appearance of Mr. Rahil Raja, Advocate, the Caveat stands discharged.
WP(C) No. 373/2026
2. With the consensus of learned counsel for the parties, the matter is taken up.
3. Challenge in this writ petition is thrown to order and judgment dated 27 December 2024 passed by the learned Central Administrative Tribunal, Jammu Bench, Jammu (‘the Tribunal’) in TA No. 1571/2020 titled “Raghu Singh Jandla Vs. State of J&K & Ors.”, whereby and whereunder, the appellants-respondents were directed to reckon the appointment of the respondent herein (hereinafter referred to as “the applicant”) as Junior Engineer (Electrical), Grade-II, notionally w.e.f. 22 August 2009, the date on which,
Candidate wrongly excluded from selection despite superior merit entitled to notional appointment from other selectees' date, merit-based seniority, and consequential benefits including old pension s....
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.
Delayed appointment due to employer's fault entitles candidate to notional seniority and consequential benefits from co-selectees' appointment date, without back wages.
Notional retrospective appointment and benefits granted where employer’s illegality and delay deprived candidate of timely service entry.
A candidate cannot be deprived of his entitlement due to an action taken by the authorities which was wrong and held to be wrong by a Court of law.
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