CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8047/2021 Reserved on: - 18.09.2025 Pronounced on: - 29.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

HASEEB AHMED Age 35 years, S/o Mohd. Bashir, R/o Parat, Tehsil Mendhar, District Poonch.

…Applicant (Advocate: - Mr. Ajaj Chowdhary)

Versus

1. The Commissioner, Navodays Vidyalaya Samiti, B-15, Institutionai Area, Sector-62, Noida, G.B Nagar. (UP)-201309.

2. The Deputy Commissioner, Navodaya Vidyalaya Samiti, Bay No

26-27, Sector-31-A, Chandigarh-150030.

3 The Principal, Jawahar Navodaya Vidyalaya Surankote, District Poonch-185121. …Respondents (Advocate: - Mr. Raghu Mehta, Sr. CGSC)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.685/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.8047/2021 by the Registry of this Tribunal.

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

a) Commanding and directing the respondents to treat the petitioner as regular employee from the date of issuance of engagement order as the applicant was appointed pursuant to advertisement dated 02.09.2015, along with all consequential benefits from the date of engagement i.e salary and other benefits.

b) Commanding and directing respondent to issue fresh appointment order in favour of petitioner from date of first engagement order as regular employee as the petitioner/applicant had completed the selection process and is also eligible for the post of electrician cum plumber advertised vide advertisement notice dated 02.09.2015.

c) Commanding upon the respondents to allow the petitioner to perform his duties for the post of electrician cum plumber in jawahar navodaya vidyalaya surankote, District Poonch, till the regular selection against the said post is made.

d) Restraining the respondents from disengaging the petitioner or issuing any fresh advertisement notice for conducting fresh selection process on academic arrangement/.contractual basis on the place where the petitioner is duly appointed and discharging his duties e) Commanding the respondents to allow the petitioner to serve as electrician cum plumber in jawahar navodaya vidyalaya surankote, District Poonch till the petitioner completes seven years of service and thereafter regularized him in respondents department.

f) Commanding the respondents to enhance the wages of the petitioner in the light of the judgment dated 26th October, 20.5 passed in civil appeal no 231 of 2013 titled state of Punjab &

Ors. V/S Jagjit Singh & Ors.

g) Any other writ, order, command are directions which this Hon'ble Court may deem just and proper in the given facts and circumstances of the case may also be passed in favour of petitioner and against the respondents.

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

a) The petitioner claims to be aggrieved by the action of the respondents in continuing his engagement as an Electrician- cum-Plumber on contractual/academic arrangement basis and proposing to replace him by issuing fresh advertisements, despite his participation in a selection process initiated pursuant to an advertisement dated 02.09.2015.

b) It is stated that Respondent No.3, namely Jawahar Navodaya Vidyalaya, Surankote, District Poonch, issued Advertisement Notice No. JNVP/SKT/2015/454 dated 02.09.2015, inviting applications for one post of Electrician-cum-Plumber under the OBC category and one post of Mess Helper under the OBC category. The said advertisement was published in the local newspaper, and copies thereof are placed on record.

c) The petitioner, claiming to possess the requisite qualifications and belonging to the OBC category, applied for the post of Electrician-cum-Plumber pursuant to the aforesaid advertisement within the prescribed time. The applications received in response to the advertisement