CENTRAL ADMINISTRATIVE TRIBUNAL
D. S. Mahra, J, Prasant Kumar, A
Bashir Ahmad Dar – Appellant
Versus
State of Jammu and Kashmir – Respondent
Certainly. Based on the provided legal document, here are the key points summarized with appropriate reference indicators:
The court emphasized that litigants should not suffer due to judicial delays and are entitled to notional appointments and seniority from the date similar appointments were made, excluding monetary benefits (!) .
The delay in appointment was solely due to judicial proceedings and was not attributable to the applicants, who participated in the same selection process as others. Therefore, they are entitled to notional appointment from the date when similarly situated candidates from other districts were appointed (!) (!) .
The court clarified that benefits such as seniority and appointment can be granted retrospectively or notionally in cases where delays are caused by judicial orders, and no monetary benefits are to be awarded for periods prior to actual appointment (!) .
The applicants are entitled to notional appointment from the date other candidates from their batch were appointed, along with notional seniority and service benefits, but without back wages or monetary compensation for the period before actual appointment (!) .
The tribunal directed the respondents to grant the applicants notional appointment, seniority, and associated benefits from the specified date within a stipulated timeframe, ensuring that the principles of fairness and justice are upheld in light of judicial delays (!) .
The order sets aside the previous decision rejecting the applicants' claim and mandates the respondents to implement the notional benefits, including increments and seniority, excluding monetary benefits, within two months of receipt of the order (!) .
If you need further assistance or specific legal analysis, please let me know.
| Table of Content |
|---|
| 1. court's reasoning on interim orders. (Para 10) |
| 2. final order granting notional benefits. (Para 11 , 12) |
ORDER
01. The Service Selection Board (SSB) issued an advertisement dated 26.09.2000 inviting applications for the post of Patwari across various districts of the erstwhile State of Jammu and Kashmir. For District Budgam, 89 vacancies were earmarked. While the selection process was completed and final selection lists were issued for other districts, the selection list for District Budgam was withheld due to the pendency of SWP No. 2081/2000 filed by some of the candidates, in which an interim order dated 26.12.2000 was passed by the Hon’ble High Court, directing the respondents not to finalize the selection for District Budgam.
03. Following their appointment, the applicants submitted representations before the respondents seeking notional appointment from the year 2002—the date on which similarly situated candidates from other districts were appointed—on the ground that the delay in their appointment was solely due to the pendency of the aforesaid writ petition and the interim order passed therein, for which they were not responsible. However, the respondents fai
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