CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 277/2022 Reserved on: - 14.07.2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Sanjeev Vishawkarma, Age 35 years, S/o Sh. Madan Lal, R/o H. No.

306, Sector-E, Sainik Colony, Jammu.

…Applicant (Advocate – Mr. Rahil Raja)

Versus

1) State of Jammu & Kashmir through Commissioner-cum-Secretary to Government, Public Works Department, J&K Government Civil Secretariat, Jammu.

2) Commissioner-cum-Secretary to Government, Finance Department, J&K Government Civil Secretariat, Jammu.

3) Commissioner-cum-Secretary to Government, Planning &

Development Department, J&K Government, Civil Secretariat, Jammu.

4) Jammu & Kashmir Services Selection Board through its Chairman Sehkari Bhawan, Rail Head Complex, Jammu.

5) Secretary, Jammu & Kashmir Services Selection Board Sehkari Bhawan, Rail Head Complex, Jammu …Respondents (Advocate: - Mr. Hunar Gupta, Ld. D.A.G.)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2707/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.277/2022 by the Registry of this Tribunal.

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

a) “Mandamus commanding upon the respondents to immediately and forthwith take steps for operation of the combined waiting list issued along with the select lists for 106 divisional cadre posts of Junior Assistant in various departments pursuant to advertisement notice No. 02 of 2011 dated 28-12-2011 for supplying the vacancies having remained unfilled in the departments of respondents Nos. 1 to 3 due to non-joining of selected candidates;

b) Mandamus commanding the respondents to select and appoint the petitioner against one of the 26 divisional cadre post of Junior Assistant, out of those advertised vide advertisement notice No. 02 of 2011 dated 28-12-2011, that have remained unfilled in the respondent No. 1-department, in view of his placement at serial No. 7 in the combined waiting list; Or in the alternative.

Mandamus commanding the respondents to select and appoint the petitioner against one of the divisional cadre posts of Junior Assistant, out of those advertised vide advertisement notice No. 02 of 2011 dated 28-12-2011, that have remained unfilled in the departments of respondents Nos. 2 and 3, in view of his placement at serial No. 7 in the combined waiting list;

c) Any other relief which this Hon'ble Court deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner and against the respondents”.

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

a) The applicant Sanjeev Vishawkarma participated in the selection process conducted by the J&K Services Selection Board pursuant to Advertisement Notice No. 02 of 2011 dated 28.12.2011, whereby 106 Divisional Cadre Jammu posts of Junior Assistant were advertised across eleven departments including PWD, Finance, and Planning & Development. The applicant, being a graduate with an additional diploma in computer applications, applied pursuant to the prescribed eligibility of graduation with typing speed of 35 w.p.m. and six- month certificate in computer applications. After participating in the type test and viva-voce, separate select lists for each department were issued by the Board and, simultaneously, a combined waiting list was also prepared owing to the fact that the entire process related to a joint selection for all departments. The applicant secured position No. 7 in this combined waiting list.

b) The grievance of the applicant is that a large number of selected candidates did not join in the departments of PWD, Finance, and Planning & Development. The PWD Department, in response to his RTI application, issued communication No. CEJ/Estb/8787 dated 24.08.2016 confirming th