CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 9094/2020 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)

Tanveer Malik, Aged 37 years S/o Sh. Mohd. Sadiq Malik R/o H.No.20_A Gujjar Nagar, Jammu …Applicant (Advocate: - Mr. Abhirash Sharma)

Versus

1. State of Jammu and Kashmir, Through Commissioner/ Secretary to Govt. Revenue Department Civil Sectt, Jammu

2. The Financial Commissioner (Revenue) J&K Civil Sectt. Jammu.

3. Deputy Secretary (Legal) Revenue Department Jammu

4. The Jammu and Kashmir Service Selection Recruitment Board, through its Chairman/Secretary Sekhari Bhawan Rail head Complex, Jammu ….Respondents (Advocate:- Mr. Hunar Gupta, DAG; Mr. Rajesh Thapa, A.A.G.)

HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 443/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/9094/2020 by the Registry of this Tribunal.

It is, therefore, most respectfully prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon'ble Court may very kindly be pleased to: -

a) Quash the Order No. 216-Rev 2017 dated 6/9/2017 vide which the case of the petitioner for his appointment of Naib Tehsildar in pursuance to the Advertisement Notification No.01 of 2002 dated 26/4/2002 and Advertisement notification No.09 of 2005 dated 14/12/2005 respectively.

b) Direct the respondents to consider the case of the petitioner for appointment of Naib tehsildar in pursuance to the advertisement notification No.01 of 2002 and Advertisement .Dt73118 (B notification No.09 of 2005 dated 14/12/2005 respectively with all consequential benefits in the light of judgement dated 31/12/2014 passed in SWP No. 487/2009 (Srinagar Wing) Judgment dated 7/11/2016 passed in SWP No. 2094/2009 alongwith connected matters and judgment dated 22/2/2017 passed in SWP No. 390/2017 titled Basharat Ahmed Khan & Ors. Vs State of J&K & Ors. on the same analogy as has been adopted by the respondents in the cases of similarly situated persons.

HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

c) WITH such other additional or appropriate order as this Hon'ble court deems fit and proper in the facts and circumstances of the case.

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

a) The applicant is a citizen of India and claims entitlement to all constitutional, statutory, and legal rights guaranteed under the Constitution of India and the laws governing public employment.

b) The Jammu and Kashmir Services Selection Board (JKSSB)

issued Advertisement Notification No. 01 of 2002 dated 26.04.2002 advertising 52 posts of Naib Tehsildar and thereafter Advertisement Notification No. 09 of 2005 dated 14.12.2005 advertising 39 posts of the same cadre. The applicant, being fully eligible in all respects, applied pursuant to both the advertisements.

c) It is pleaded that although the written examination was initially notified on several occasions, the same was repeatedly deferred. Candidates were also called upon to furnish additional HARSHIT H C A =I R N S , H O I = T C Y e A n D tra A l V Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=

qualification details, if any. Subsequently, Advertisement Notification No. 04 of 2008 dated 26.05.2008 was issu