CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 625/2022 Reserved on: - 11.09.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sachin Verma Age 35 years S/o Sh. Makhan Lal Verma R/o Ward No. 4, Near Old Bus Stand, Billawar, Tehsil Billawar, District Kathua.

.…Applicant (Advocate:- Mr. Abhirash Sharma)

Versus

1. State of Jammu & Kashmir Through Commissioner/Secretary, J&K Govt.

School Education Department, Public Service Commission, Civil Secretariat, Jammu/Srinagar.

2. Director School Education, Jammu.

HARSHIT HARSHIT YADAV C=IN, O=Central 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=

3. Principal Govt. Higher Secondary School, Billawar.

4. Zahoor Ahmed Bhat S/o Gh. Ahmed Bhat R/o 97, Arigam Chirath, Rajpura.

5. Ms. Reni Bhat D/o Sh. Baskar Nath Bhat R/o H. No. 875-B, Opposite Magotra Academy, Puran Nagar, Bhagwati Nagar, Jammu.

….Respondents (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Sudesh Magotra, ld. AAG)

HARSHIT HARSHIT YADAV C=IN, O=Central 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.2575/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/625/2022 the Registry of this Tribunal.

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

(a) allow the present writ petition;

(b) quash Government Order No. 723-Edu of 2017 dated

09.10.2017, to the extent, the appointment of the petitioner has been cancelled and further to the extent one of the private respondents has been appointed in place of the petitioner.

(c) Command and direct the official respondents to extend the joining time of the petitioner and allow the petitioner to join as Lecturer (10+2) Physics in School Education Department, with further direction to protect the salary of the petitioner, who had applied through proper channel as an in-service candidate.

HARSHIT HARSHIT YADAV C=IN, O=Central 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=

(d) Command and direct the respondent No. 3, to relieve the petitioner from the post of Teacher in the School of respondent No. 3, enabling the petitioner to join as Lecturer (10+2) Physics in School Education.

(e) ANY other writ, order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.

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.

2575/2017, which stood transferred from the Hon’ble High Court of Jammu & Kashmir and is presently registered as T.A. No. 625/2022 before this Tribunal. The applicant, Sachin Verma, is serving in the School Education Department and claims to be aggrieved by the cancellation of his appointment to the post of Lecturer (10+2) Physics and the consequent appointment of a private respondent against the said post.

b) The factual matrix reveals that pursuant to Advertisement Notice No. 09-PSC (DR-P) of 2016 dated 19.03.2016, issued by HARSHIT HARSHIT YADAV C=IN, O=Central 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=

the Jammu & Kashmir Public Service Commission, applications were invited for appointment to the post of Lecturer (10+2) in various disciplines including Physics. The total number of posts advertised in Physics was 108, out of which 62 posts were ea