CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH Transferred Application No. 61/6296/2021 in SWP No. 2387/2011 Date of Order: This, the 10th day of December, 2025 HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER Between

1. Javed Iqbal Balwan age 56 years, S/o Kh. Abdul Rashid Balwan, R/O EP/ BC 190 Naraina Street Kachi Chawni Jammu at present, Special Officer Auqaf J&K Jammu

2. Rajinder Singh age 56 years S/o Th. Puran Singh R/o 140-D Sanik Colony Jammu at present Add. Deputy Commissioner Udhampur

3. Bikram Singh Jamwal age 56 years S/o Th. AjitSngh R/o 643-D Sanik Colony Jammu at present Asst. Commissioner Vegilance Organization J&K Jammu

4. Jagdev Singh Manhas age 56 years S/o Th Budhi Singh Rio

533/ 2 Naseebnagar Janipur Jammu at present deputy Commissioner (Central) with Financial Commissioner J&K Jammu.

5. Ram Ditta Chorak age 57 years S/o Ram Chand R/o village Padgal Tehsil Ramnagar, District Udhampur At present Joint Financial Commissioner J&K at Jammu

6. Bashir Ahmad Khan age 55 years S/o Gh. Ali Khan. R/o Hyderpura Janglat Mandi Anantnag Kashmir, At present Add.

Deputy Commissioner Ramban

7. Varinder Singh Salathia age 56 years S/o Th. D.S. Salathia R/o Shakti Nagar Dhar Road Udhampur at present R.T.O.

Jammu.

8. Mohammad Anwar age 56 years S/o Munshi Ghulam Hussain R/o Kargil at present Add. Deputy Commissioner Shopian, Kashmir

9. Sheikh Mukhtiar Hussain age 56 years S/o Sheikh Habibullaha R/o Kadipura Anantnag at present Secretary to Board of Professional Examination J&K at Jammu.

10. Ajay Singh Jamwal age 56 years S/o Th. Kasturi Singh R/o New plot Jammu at present Add. Deputy Commissioner Kathua.

11. S. Ravinder Singh age 53 years S/o S. Santsingh R/o 572/1 Closal colony opp. Air port Jammu at present secretary to Khadi & village Board J&K Jammu.

12. Vikram Diwan age 53 years S/o Late Sh. D.C. Dewan Jammu, at present Treasury Officer Sadar Treasury Jammu.

R/o 630 Panjbakhtar Road.

…….Petitioners -Versus-

1. State of Jammu and Kashmir, through Chief Secretary, Civil Secretariat, Jammu/Srinagar.

2. Commissioner/Secretary to Government, General Administration Department, Civil Secretariat, Jammu/Srinagar.

3. Accountant General J&K State, Shastri Nagar Jammu.

…..Respondents -VERSUS-

Advocate for applicant(s): Mr. G.S. Thakur Advocate for respondent(s): Mr. S. Magotra, Ld. AAG ORDER PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The SWP/WP(C) No. 2387/2011 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and is registered as T.A. No. 61/6296/2021 by the Registry of this Tribunal.

2. The facts of the case as projected in the instant petition is that the petitioners, pursuant to the Combined Competitive Examination conducted by the Jammu and Kashmir Public Service Commission (JKPSC) during 1981-82, notified a select list comprising 529 candidates on 30.09.1983. The Government issued appointment orders in favour of only 265 candidates, in four phases. The petitioners, being part of the said select list, were unconstitutionally denied timely appointment due to administrative delay and lapses. Aggrieved by such denial of appointment despite selection, the petitioners and others filed writ petitions before the Hon'ble High Court of J&K. In WP No. 680/1984, the Srinagar Bench directed the State to ascertain vacancies as on 20.08.1983, disclose quota excess by promotees, and appoint eligible direct recruits beyond serial No. 265.

3. In LPA No. 21/1986, the Division Bench, by agreed order dated 27.06.1988, confined the vacancy assessment to the period 1979-20.09.1984. Due to non-compliance, related writs including WP No. 399/1984 were clubbed and taken up for hearing before the Jammu Wing. Thereafter, the Division Bench, vide judgment dated 21.08.1991, held the denial of appointment unconstitutional, found 260 promotee appointments in excess of quota, and directed appointment of 260 meritorious candidates from the PSC select list dated 30.09.1983 across 17 gazetted services. In response