CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 61/5131/2021 Reserved on: - 15.09.2025 Pronounced on: - 09.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Avdesh Badgal Age 26 years, S/o Sh. Kartar Chand, R/o Village Jandi Colony, P.O. Jandi, Tehsil Hiranagar, District Kathua.

..Petitioner (By Advocate:- Mr. Abhinav Sharma, Sr. Adv.)

Versus

1. State of Jammu & Kashmir Through Commissioner/Secretary, J&K Govt. Public Works (R&B) Department, Civil Secretariat, Jammu.

2. J&K Public Service Commission, Through its Secretary, Solina, Srinagar.

3. Secretary, J&K Public Service Commission, Solina Srinagar.

4. Vijay Kumar, S/o Sh. Roshan Lal C/o Bhat General Store, Lower Roop Nagar, Muthi, Jammu.

5. Hitesh Padgotra, S/o Sh. Satpal, R/o Ward No. 16, H. No. 132, Dina Nagar, Dhar Road, Udhampur.

6. Subzar Ahmed S/o Mohd. Maqbool Wani R/o Wanipura, Hergam, Sogam, Kokernag, Anantnag, Kashmir.

7. Sachin Sharma, S/o Sh. Satya Parkash Sharma R/o H. No. 22, Lane No. 02, Sunder Nagar, Talab Tillo, Jammu.

..Respondents

8. Mohd. Mudasir Aziz Wani S/o Abdul Gani Wani R/o Bait-ul-Huda, Masjid Pattan, Baramulla.

...Proforma-respondent (By Advocate:- Mr. Hunar Gupta, ld. D.A.G., Mr. F A Natnoo)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2014/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.61/5131/2021 by the Registry of this Tribunal.

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

It is, therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to;

(a) allow the present writ petition;

(b) quash Communication No. PSC/DR/ ΑΕ Civil/2013 dated 03.08.2017, whereby and whereunder, the name of respondents No. 7, who figured in the waiting list of OM Category under Notification No. 18-PSC (DR-P) of 2013 dated 15.10.2013 is illegally recommended for appointmerit as Assistant Engineer (Civil) against the Vacaricy accrued due to non- Joining of proforma-respondent No. 8;

(c) quash Govt. Order No. 146-PW (R&B) of 2017 dated 12.04.2017, whereby and whereunder, sanction was accorded to the temporary appointment of Assistant Engineers (Civil) in PB-2 Rs. 9300-34800 with grade pay Rs. 5400/- in the Public Works (R&B) Department, to the extent, respondent No. 5 has been placed at Sr. No. 42 and to the extent respondent No. 4 has been placed at Sr. No. 1 under SC Category instead of at Sr. No. 42 (by virtue of high merit of respondent No. 4) and to the extent the name of the petitioner, which was required to be placed at Sr. No. 7 in the SC Category (after shifting respondent No. 4 from SC Category list) is totally missing:

(d) quash Notification No. 10-PSC (DR-S) of 2017 dated 27.03.2017, whereby and whereunder, the petitioner, who was earlier selected and figured at Sr. No. 7 in the SC Category Selection List has been placed at Sr. No. 1 in the waiting list of SC Category and respondent No. 4 has been shifted from Open merit list to SC Category List and placed at Sr. No. 1 in the SC Category Selection List resulting in pushing out of the petitioner from the selection list of SC Category;

(e) command and direct the respondents to restore the earlier position of the petitioner at Sr. No. 7 in the selection list of SC Category for the post of Assistant Engineer (Civil) PW Department pursuant to Notification No. 18- PSC (DR-P) of 2013 dated 15.10.2013;

(f) restrain the respondents from issuing appointment order of respondent No. 7 for the post of Assistant Engineer (Civil) PWD Department pursuant to Notification No. 18-PSC (DR-P) of 2013 dated 15.10.2013 against the vacancy created due to the non-joining of proforma-respondent No. 8;

(g) 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