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:: 1 :: TA 580/2022

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 580/2022

Reserved on: - 19.08.2025

Pronounced on: - 30.12.2025

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

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

1. Varun Slathia Age 27 years S/o Lt. Sh. Nischal Singh, R/o 269 Sector

G Sainik Colony Jammu.

2. Sunil Kumar Sharma Age 28 years S/o Sh.BuaDitta R/o Tehsil R.S

Pura, District, Jammu, J&K.

3. Arun Kumar Sharma Age 35 years, S/o Sh. HariKrishan Sharma R/o.

Aadarsh Enclave, Trikuta Nagar, Jammu.

4. Zubair Iqbal Sheikh Age 28 years S/o Sh. Mohd. Iqbal Sheikh R/o

Lane Not3cate Today at Vidhata Nagar Bathindi, Jammu.

5. Anil Kumar, Age 27 years S/o Rattan Lal, R/o ward No.2 Kashmiri

Mohalla Akhnoor, Jammu.

6. Vishal Dogra, Age 28 years S/o Sh. Vijay Kumar, R/o New Plot,

Jammu.

7. Pankaj Singh Age 27 years S/o Sh. Parkash Singh, R/o Village

KotMaira Akhnoor, Jammu.

8. ChanderShekhar Age 27 years S/o Sh.Chunilal Sharma R/o H.no. 88

Lower Roopnagar Jammu.

9. Meenakshi Gupta Age 27 years D/o Sh. Gandumal R/o Purkhoo,

Jammu.

…Applicants

(Advocate: - Mr. Ajit Verma)

Versus

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

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:: 2 :: TA 580/2022

1. State of Jammu and Kashmir Through Commissioner Secretary

PHE/Flood Control & Irrigation Department Civil Sectt

Jammu/Srinagar.

2. Chief Engineer Flood Control & Irrigation Department Jammu.

3. Service Selection board SehkariBhawan, Rail Head, Jammu.

4. Executive Er. Irrigation Division No. II Satwari, Jammu.

…Respondents

(Advocate:- Mr. Rajesh Thappa, Ld. AAG)

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

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:: 3 :: TA 580/2022

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1462/2022 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.580/2022 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

a) “The respondents to release the salary of the petitioners from

the day they joined the department that is 27-02- 2015 till 10-

09-2015.

b) To return the salary of two months which has been recovered

illegally from the petitioner No.1.

c) To consider the appointment of the petitioners w.e.f 27-02-2015

i.e. from the date of their initial appointment and to give them

all the service benefits with retrospective effect.

d) To quash the order No. 265 PW (Hyd) of 2015 dated 10-09-

2015 where by the earlier appointment of the petitioners stand

cancelled.

e) Any other order, which this Hon'ble Court may deems fit and

appropriate in the facts and circumstances of the case may also

very kindly be passed in favour of the petitioner.

3. The facts of the case as pleaded by the petitioners in their pleadings

are as follows: -

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

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:: 4 :: TA 580/2022

a) The applicants are permanent residents of the Union Territory

of Jammu & Kashmir and citizens of India, claiming

entitlement to protection of their fundamental, statutory, and

service rights under law. Pursuant to Advertisement Notices

No. 03 of 2012, 03 of 2013 dated 18.02.2013, and 11 of 2013

dated 24.01.2013 issued by the Service Selection Board (SSB),

applications were invited for various posts, including 164 posts

of Junior Engineer (Civil) in the Public Health Engineering

(PHE) and Irrigation & Flood Control Departments. The

applicants, being eligible as per the prescribed qualifications,

applied for selection.

b) The notified eligibility criteria prescribed a degree or diploma

in Civil Engineering from a recognized institution, and the

selection scheme contemplated allocation of points for written

examination, educational qualifications, and viva-voce. A

common written examination was conducted for all the notified

posts, resulting in a common select list applicable to multiple

departments.

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

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:: 5 :: TA 580/2022

c) Subsequently, diploma holder candidates challenged the

selection criteria before the

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