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:: 1 :: O.A. No. 227/2020

-CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing

Original Application No. 227/2020

Reserved on:- 23.12.2025

Pronounced on: - 05.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Yash Paul, Age 43 years, S/o Chaman Lal, R/o Village Ghari

Bishna, P.O Jourian, Tehsil Akhnoor (Khour), District Jammu.

...Applicant

(By Advocate: - Mr. Mohd. Yasir Akhoon)

VERSUS

1. Union Territory of Jammu & Kashmir Through Secretary to

Government, Higher Education Department, J&K Government,

Civil Secretariat, Jammu/ Srinagar.

2. The Director Colleges, Higher Education Department, J&K

Government, Civil Secretariat, Jammu/ Srinagar

…Respondents.

(By Advocate: - Mr. Rajesh Thappa, ld. AAG)

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

:: 2 :: O.A. No. 227/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section

19 of the Administrative Tribunals Act, 1985 seeking the following

reliefs: -

a) Allow this Original application of the applicant.

b) Quash the order dated 01-01-2019, whereby the appointment

order of the Applicant as Assistant Professor in Dogri has been

cancelled ab initio.

c) Direct the respondents to allow the Applicant to join as

Assistant Professor and accord the applicant all the

consequential service benefits from the date other co selectees

have been granted including the benefits which would accrue to

the applicant having applied as inservice candidate through

proper channel.

2. The facts of the case as averred by the applicant in his pleadings, are

as follows: -

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

:: 3 :: O.A. No. 227/2020

a) The applicant, an in-service candidate working as Assistant

Editor (Dogri) in the J&K Academy of Art, Culture and

Languages, applied through proper channel for the post of

Assistant Professor (Dogri) pursuant to Advertisement

Notification No. 12-PSC (DR-P) of 2014 dated 29.05.2014. The

application of the applicant was duly forwarded by the

competent authority vide communications dated 11.06.2013

and 29.09.2017. Upon completion of the selection process

conducted by the J&K Public Service Commission, the

applicant was found successful and was included in the select

list issued vide Notification No. 02-PSC (DR-S) dated

02.03.2016. However, four posts, including the one against

which the applicant stood selected, were kept reserved in view

of the directions passed by the Hon’ble High Court in CDLSW

No. D-64/2015 titled State of J&K vs Neha Sambyal & Ors.

b) Subsequently, appointment orders were issued in favour of nine

candidates vide Government Order No. 227-HE of 2017 dated

18.04.2017, whereas the four posts kept reserved under court

orders remained unfilled. Aggrieved by non-issuance of

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

:: 4 :: O.A. No. 227/2020

appointment orders, the applicant along with similarly situated

candidates approached the Hon’ble High Court by filing SWP

No. 1116/2017 titled Ritu Kumar Sharma & Ors. vs State &

Ors. The Hon’ble High Court, noticing that the connected LPA

had been allowed, resulting in dismissal of the writ petitions,

directed the respondents to recommend the candidates against

the reserved posts if no legal impediment subsisted.

c) In compliance with the said directions, appointment orders in

favour of the applicant and three others were issued vide

Government Order No. 528-HE of 2017 dated 08.09.2017. The

applicant asserts that the said appointment order was never

served upon him, nor was any notice issued calling upon him to

join, particularly when he was already in government service

and had applied through proper channel. Before the applicant

could complete the requisite formalities for joining, the entire

selection list was quashed by the learned Single Judge of the

Hon’ble High Court vide judgment dated 27.09.2017. The said

judgment was assailed before the Division Bench, which stayed

Digitally signed by

HARS