CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 8273/2020 Reserved on: - 15.07.2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Manav Khajuria, age 40 years, S/O Sh. Lekh Raj Khajuria, R/O H.No. 88, Ajeet Nagar, Upper Gadigarh, Jammu.

…Applicant (Advocate: - Ms. Manpreet Kour)

Versus

1) State of Jammu and Kashmir, through Commissioner/ Secretary, to Government, Education Department, Government of J&K, Civil Secretariat, Srinagar.

2) Commissioner-Cum-Secretary to Govt. General Administration Department, Civil Secretariat, Srinagar. 3) Director School Education, Jammu.

4) Jammu and Kashmir State Service Selection Board, Through its Chairman, Zam Zam Building, Srinagar.

5) Chairman, Jammu and Kashmir State Services Selection Board, Zam Zam Building, Srinagar.

6) Secretary, Jammu and Kashmir State Services Selection Board, Zam Zam Building, Srinagar.

7) Administrative Officer, Jammu and Kashmir State Services Selection Board, Opposite BSF School Paloura, Jammu.

…Respondent (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Sudesh Magotra, Ld.

AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1348/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/8273/2020 by the Registry of this Tribunal.

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

a) to issue directions to the respondents to operate the waiting list for the post of teacher for District Cadre, Jammu which was issued along with selection list and the same has been extended up to 31.05.2017 vide order No. GAD/Mtg/RB-IV/99/2016 dated 03.04.2017 issued by the General Administration Department, by issuance of writ of mandamus;

b) to issue directions to the respondents to appoint the petitioner on the post of teacher for District Cadre Jammu and to give the similar treatment as is given to the similarly situated candidates of waiting list and also to give the retrospective effect of appointment along with other consequential benefits to the petitioner, by issuance of writ of mandamus;

c) to declare the act by which the respondents have not operated the waiting list for the post of teacher for District Cadre, Jammu which was issued along with selection list and the same has been extended up to 31.05.2017 vide order No. GAD/Mtg/RB- IV/99/2016 dated 03.04.2017 issued by the General Department, as ultra virus, illegal, Administration unconstitutional, unjust and contrary to the provision of law and rules and against the provisions of principles of natural justice, by issuance of writ of mandamus, AND d) Any other writ, order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondents.

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

a) The present Transfer Application arises out of SWP No.

1348/2017, originally instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu and subsequently transferred to this Tribunal upon its establishment, where it came to be registered as T.A. No. 8273/2020. The applicant, Manav Khajuria, claims appointment to the post of Teacher, District Cadre Jammu, on the basis of his inclusion in the selection/waiting list prepared pursuant to Advertisement Notice No. 05 of 2013 issued by the Jammu and Kashmir Services Selection Board.

b) The applicant asserts that he possesses the requisite academic qualifications, namely B.Sc., B.Ed. and M.A. (Sociology), along with a one-year ITI Diploma in Shorthand. Pursuant to Advertisement Notice No. 03 of 2012 dated 28.12.2012 and the subsequent Advertisement Notice No. 05 of 2013 dated 02.03.2013, the post of Teacher, District Cadre Jammu, was advertised under Open Merit category. The applicant applied for the said post, appeared in t