CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 7934/2021 Reserved on: - 16.09.2025 Pronounced on: -02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Arun Chibber, age 30 years S/O Sh. Sudershan Kumar Sharma R/O Jandyal Thathi Tehsil Bhalwal District Jammu.

…Applicant (Advocate: - Mr. Sudershan Sharma)

Versus

1. State of J&K through Commissioner/Secretary, Technical Education Department, J&K Govt., Civil Sectt., Srinagar.

2. J&K Service Selection Board Through Secretary, Zum Zum Building, Rambagh, Srinagar.

3. Director Technical Education, Jammu.

…Respondent (Advocate:- Mr. Rajesh Thapa, Ld. AAG, Mr. Sudesh Magotra, AAG)

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2285/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7934/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

“ I) For issuance of an appropriate writ, order or direction in the nature of writ of mandamus whereby directing the respondents to operate the Waiting List for the post of Computer Operator (Technical Education/YSS Department) Divisional Cadre Jammu ber notified vide Advertisement Notice No.05 of 2015 dated 1.9.2015 issued by respondent No.2 by selecting and appointing the petitioner in view of his merit and eligibility against the available vacancy.

II) For issuance of any other writ, order or direction which this Hon'ble Court may deems fit in the facts and circumstances of the case may please also be issued in favour of the petitioner and against the respondents.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No.

2285/2018, originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu, which upon constitution of this Tribunal, stood transferred and registered as T.A. No.

7934/2021.

b) The applicant claims to be a citizen of India and a permanent resident of the erstwhile State of Jammu and Kashmir and asserts entitlement to consideration for appointment to the post of Computer Operator under the Technical Education/YSS Department, Divisional Cadre Jammu.

c) It is the case of the applicant that in the year 2015, the Jammu and Kashmir Service Selection Board issued Advertisement Notice No. 05 of 2015 dated 01.09.2015, inviting applications for various posts, including the post of Computer Operator (Technical Education/YSS Department), Divisional Cadre Jammu. The applicant, claiming to possess the prescribed qualifications, applied for the said post.

d) The applicant further states that prior to the issuance of Advertisement Notice No. 05 of 2015, the Service Selection Board had already issued Advertisement Notice No. 01 of 2011 dated 31.01.2011 for the same post. Subsequently, the Board conducted a combined selection process pursuant to Advertisement Notices issued in 2011, 2013 and 2015, and a common written examination was held.

e) Upon culmination of the selection process under Advertisement Notice No. 05 of 2015, the selection list for the post of Computer Operator, Divisional Cadre Jammu, was published. In the said selection list, one Mr. Varun Chalotra was selected, while the applicant was placed at Serial No. 1 in the waiting list.

f) The applicant contends that the selected candidate, Mr. Varun Chalotra, joined the post pursuant to Advertisement Notice No. 05 of 2015 but subsequently resigned within a short period, as he was later selected under Advertisement Notice No. 01 of 2011, the result of which was declared on 27.03.2018. After tendering resignation from the post filled under the 2015 advertisement, the said candidate joined the post under the 2011 advertisement.

g) According to the applicant, once the selected candidate resigned from the post advertised in 2015, a vacancy arose, whic