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:: 1 :: TA 8049/2021

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 8049/2021

Reserved on: - 31.07.2025

Pronounced on: - 24.12.2025

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

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

Waseem Raja, Age 29 years, s/O late Sh. Ghulam Mohd Bhatt, R/O Bun-

Doda, Doda City, Tehsil & District Doda.

…Applicant

(Advocate: - Mr. F.A. Natnoo)

Versus

1.State of J&K through, Commissioner/Secretary to Government, Revenue

Department, J&K Govt. Civil Secretariat Jammu/Srinagar.

2.The J&K Service Selection Recruitment Board, Through its Secretary,

Sehkari Bhawan, Jammu.

3.The Deputy Commissioner, Doda.

…. Respondents

(Advocate:- Mr. Rajesh Thapa, ld. AAG, Mr. Hunar Gupta, DAG)

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 2 :: TA 8049/2021

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 65/2017 was transferred from the Hon’ble High Court

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

No/8049/2021 by the Registry of this Tribunal.

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

following relief: -

a) Allow this writ petition of the petitioner.

b) Writ of Certiorari; quashing order No. 01- SSB of 2016 dated

03-01-2017 issued by respondent No. 2 which has the effect of

cancelation of the selection of the petitioner as Driver against

which post the petitioner on being duly selected has been

appointed and having duly joined on 31-10-2016.

c) Writ of Mandamus; Commanding the respondents to allow the

petitioner to discharge his duties as driver as having duly been

selected and appointed and working as such since October,

2016.

d) Writ of prohibition; restraining the respondents from taking

any action disadvantageous to the service interest of the

petitioner.

e) Any other writ, order, command or 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.”

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 3 :: TA 8049/2021

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.

65/2017, which stood transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu to this Tribunal and was

registered as T.A. No. 8049/2021. The applicant, Waseem Raja,

claims to be aggrieved by the cancellation of his selection and

appointment to the post of Driver in the Revenue Department,

District Cadre Doda, by the Jammu and Kashmir Services

Selection Board.

b) The applicant asserts that he is a permanent resident of the

erstwhile State of Jammu and Kashmir and a citizen of India,

entitled to all legal, fundamental and statutory rights guaranteed

under the Constitution. It is his case that pursuant to

Advertisement Notification No. 06 of 2015 issued by the J&K

Services Selection Board for recruitment to the post of Driver

in the Revenue Department, District Cadre Doda, he applied for

selection, claiming eligibility in terms of the prescribed

qualification, namely “Matric pass with Hill Driving Licence.”

HARSHIT Digitally signed

by HARSHIT

YADAV

YADAV

:: 4 :: TA 8049/2021

c) According to the applicant, he successfully participated in the

selection process, including the driving test and interview, and

was placed at Serial No. 1 in the waiting list under the Open

Merit category. It is pleaded that though his recommendation

was initially shown as “withheld” on the ground of clarification

regarding the date of endorsement on his driving licence, the

applicant submitted his licence to the Board, which reflected an

LMV endorsement made in the year 2007. Upon such

verification, the applicant claims that the respondents were

satisfied with his eligibility.

d) Subsequently, vide Order No. FC(Adm-Misc)13/016 dated

27.10.2016 issued by the Financial Commissioner (Revenue),

J&K, the applicant was appointed as Driver. In pursuance

thereof, he joined the post on