CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 6555/2021 Reserved on: - 17.10.2025 Pronounced on: - 02.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Kiran Devi Age 27 yrs D/o Sh. Mast Singh R/o Village Diggi Tehsil & District Udhampur At present BSF Paloura , Ambedkar Lane, near J&K Bank, Jammu …Applicant (Advocate: - Mr. Ankur Sharma, Mr. Sandeep Singh)

Versus

1. State of J&K Through Commissioner / Secretary School Education Department, Civil Secretariat, Srinagar

2. Director School Education, Jammu 3. Chief Education Officer, Udhampur …Respondent (Advocate:- Mr. Sudesh Magotra, Ld. AAG, Mr. Hunar Gupta, DAG)

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 ofice Jammu Jandk", Phone=

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1422/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.6555/2021 by 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) command and direct the respondents, Education authorities to appoint the petitioner as Teacher in Education department, once the J&K Service Selection Board has recommended the name of the petitioner for appointment, after the qualification certificates of the petitioner was found to be valid and genuine, in as much as the Educational authorities had no right to block the appointment of the petitioner on the ground that his RBA Certificate was not valid in the year 2015, although the same was valid upto 30.08.2015, much after the last date of receipt of application form;

(c) command and direct the respondents, to give effect to the appointment order of the petitioner from the date, other candidates, who had been selected along with the petitioner pursuant to Notification No. 05 of 2013 dated 02-03-2013 have been appointed as General Line Teacher in Education Department, District Cadre Udhampur and to release the consequential benefits including the arrears of salary w.e.f. the date other similarly situated candidates have been given 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 ofice Jammu Jandk", Phone=

appointment till the petitioner is formally appointed, seniority in favour of the petitioner;

(d) 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 her pleadings are as follows: -

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

1422/2016, which stood transferred from the Hon’ble High Court of Jammu & Kashmir to this Tribunal and was registered as T.A. No. 6555/2021. The applicant, Kiran Devi, claims appointment to the post of General Line Teacher in District Cadre Udhampur pursuant to Advertisement Notification No. 03 of 2012 dated 28.12.2012 and Advertisement Notification No. 05 of 2013 dated 02.03.2013 issued by the Jammu and Kashmir Service Selection Board.

b) The applicant asserts that she is a permanent resident of the erstwhile State of Jammu and Kashmir and possesses the requisite educational qualification, being a graduate from the University of Jammu. She further claims eligibility under the 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 ofice Jammu Jandk", Phone=

Resident of Backward Area (RBA) category on the strength of an RBA certificate issued in her favour by the Tehsildar, Udhampur vide No. 771-74/BCG dated 30.08.20