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 scheme.

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, other selected candidates of the same selection process, in which the applicant participated, were appointed and further directed to re-fix the seniority and also to grant benefit of promotion/placement etc.

4. The controversy that has come to the fore is short and also is no more res integra, therefore, it is appropriate to note that the applicant had applied for the post of Junior Engineer (Electrical), Grade-II in pursuance of Advertisement Notices No. 04 of 2007 dated 19.11.2007 and No. 09 of 2008 dated 14.07.2008, respectively along with other eligible candidates under RBA Category, however, it appears that the applicant was not considered under RBA Category on the ground that he has submitted his category certificate issued under the J&K Reservation Rules (promulgated vide SRO 294 of 2005 dated 21.10.2005) after the cut-off date for receipt of application forms, however, the fact remains that the applicant stated to have submitted his earlier category certificate issued under J&K Reservation Rules, 1994 (promulgated vide SRO 126 of 1994) and also has duly submitted the fresh certificate issued under the Rules of 2005 well before the conclusion of process of selection.

5. On conclusion of selection process, it was found that the last selected candidate under RBA Category has obtained 58.34 points, whereas, the applicant had secured 59.54 points, therefore, despite the applicant had secured more points than the last selected candidate under RBA Category, he was not selected.

6. The applicant filed writ petition being SWP No. 1149/2009 titled “Raghu Singh Jandla Vs. State of J&K & Ors.”, which came to be disposed of vide judgment dated 21 February 2014, in the following terms:-

“Viewed thus, this petition is allowed. Respondent no. 5 SSRB shall take steps for including the petitioner in the select list under RBA category and to recommend him for appointment, based on which respondents nos. 1 to 4 shall finalize the process of appointment in accordance with rules. Said exercise be undertaken by respondents at their respective levels and completed within a period of six weeks from the date of receipt of copy of order”

7. Accordingly, the respondent-Board vide its communication No. SSB/Sel/Secy/014/3854-55 dated 20.05.2014, recommended the candidature of the applicant to the Government for his appointment against the post of Junior Engineer (Electrical), Grade-II, State Cadre at Serial No. 70 of the select list issued under RBA category, which post was kept reserved under the orders issued by this Court in the said writ petition. The recommendation of the respondent-Board was duly considered and accepted by the Government and vide Government Order No. 145-PDD of 2014 dated 02.07.2014, the applicant came to be appointed as Junior Engineer (Electrical), Gra