CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 462/2020 Reserved on: - 07.10.2025 Pronounced on: -16.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Maqsood Ahemad son of Maqbool Ahemad age 47 years resident of

148-Gujjar Nagar, Jammu …Petitioner (Advocate: - Mr. S.M. Wajahat)

Versus

1.State of Jammu and Kashmir through Commissioner/Secretary to Govt. Finance Department Civil Sectt. Srinagar

2. The Secretary, Services Selection Board, Sehkari Bhawan, Bahu Plaza, Jammu.

…Respondents (Advocate:- Mr. Rajesh Thappa, AAG, Mr. Hunar Gupta, Ld. DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2623/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.462/2020 by the Registry of this Tribunal.

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

a) “to command and direct the respondents to consider the case of the petitioner for selection and appointment as Accounts Assistant (Finance Department) District Cadre, Jammu under ST category as many posts due to non-joining of selected candidates are available in the department.

b) to prohibit respondents from appointing any other candidate as Accounts Assistant(Finance Department) District Cadre, Jammu in the ST category ignoring the merit of the petitioner.

c) to pass such other orders or directions which the Hon'ble Court may deem fit and proper in the nature and circumstances of the case.

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

a) The present Transfer Application has its genesis in SWP No.

2623/2019, which was initially filed before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon transfer, came to be registered as T.A. No. 462/2020 before this Tribunal. The petitioner, Maqsood Ahmad, claims consideration for appointment to the post of Accounts Assistant (Finance Department), District Cadre Jammu, under the Scheduled Tribe (ST) category, primarily on the ground that vacancies allegedly arose due to non-joining of selected candidates.

b) The recruitment process in question emanates from Advertisement Notice No. 07 of 2010 dated 12.11.2010, whereby the Jammu and Kashmir Services Selection Board invited applications for the post of Accounts Assistant (Finance Department) for various district cadres, including Jammu. The petitioner, belonging to the ST category, duly applied pursuant to the said advertisement and participated in the selection process in accordance with the prescribed procedure.

c) It is the case of the petitioner that he was shortlisted and called for interview under the ST category and that his name appeared at Serial No. 21 of the interview list. Upon completion of the selection process, a merit list under the ST category for District Cadre Jammu was prepared, wherein the petitioner secured 58.3292 marks. The petitioner asserts that the select list as well as the waiting list for the ST category were subsequently notified and that the last candidate in the waiting list, namely Tahira Akhtar, had secured 59.4493 marks, thereby placing the petitioner marginally below the waiting list.

d) The petitioner’s principal grievance is that several candidates selected or wait-listed under the ST category allegedly failed to join their posts, resulting in vacancies remaining unfilled. According to the petitioner, once such vacancies arose due to non-joining, the respondents were under a legal obligation to operate the merit list further and consider him for appointment against the available posts, particularly when he had already participated in the same selection process and stood next in order of merit.

e) It is further pleaded that despite repeated representations made to the respondent authorities seeking consideration against the alleged vacant posts, no relief was granted, compelling the petitioner to invoke