CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2985/2020 Reserved on: - 01.08.2025 Pronounced on: - 18.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Dileep Kumar age 39 years S/o Sh. Hardy Nath Bhat R/o Rangar, District Budgam, A/P H. No. 373. Shanti Nagar, Toph Sherkhania, Jammu.

…Applicant (Advocate: - Mr. Abhinav Sharma, Ld. Sr. Advocate)

Versus State of J & K through Commissioner/Secretary, GAD Department, Civil Secretariat, Jammu.

2/- J & K Service Selection Board through its Secretary. Jammu. 3/- Goutam Sharma S/o Jagdish Chander Sharma R/o Barshalla, Thathri, District Doda.

…Respondents (Advocate:- Mr. Sudesh Magotra, Ld. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2545/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2985/2020 by the Registry of this Tribunal.

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

It is, therefore, prayed that this Hon'ble Court by issuance of a. Writ of certiorari may quash and set aside the impugned Order dated 03.07.2014 (ANNEXURE K) passed by respondent No. 2.

b. Writ of mandamus may command/direct the respondents to change the cadre of the petitioner from Divisional Cadre to State Cadre as Junior notice No. 04 of 2006 dated 29.12.2006 and the petitioner may be deemed to have been appointed as Junior Assistant in the State Cadre post from the date of his appointment. Assistant in RBA Category made in pursuance to advertisement C. And by issuance of writ of certiorari, the selection/appointment of private respondent No. 3 in the State Cadre under RBA Category may be quashed and set aside and in his place petitioner may be selected/appointed with all consequential benefits.

d. Or in the alternative petitioner may be deemed to have been appointed as Junior Assistant in the State Cadre under RBA Category against the 03 vacant posts from the date of his appointment with all consequential benefits.

And this Hon'ble Court may pass any other writ, order or direction, which it may deem fit and proper in the present set of circumstances.

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

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

2545/2018, which was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and registered before this Tribunal as T.A. No. 2985/2020.

b) The applicant, Dileep Kumar, belonging to the RBA category, participated in the selection process initiated by the J&K Services Selection Board (SSB) pursuant to Advertisement Notification No. 04 of 2006 dated 29.12.2006 for the post of Junior Assistant. Under the said notification, 381 posts were advertised across various cadres and departments. Out of these, 9 State Cadre posts were earmarked for RBA category candidates in the General Administration Department and Tourism Department.

c) The applicant, being fully eligible and qualified (Graduate with requisite typing speed and computer certificate), applied for the post and participated in the selection process. In his application form as well as in the checklist submitted at the time of interview, he clearly indicated his order of preference as follows:

 State Cadre  Divisional Cadre  District Cadre.

d) Upon completion of the selection process, the select list was issued on 09.09.2009. Although 9 State Cadre posts under RBA category had been advertised, only 6 candidates were recommended for appointment in the State Cadre. The applicant, despite securing 45.44 merit points, was recommended for appointment as Junior Assistant under RBA category in the Divisional Cadre (Handloom Department), whereas private respondent No. 3, who had secured 44.76 merit points, was selected and recommended against a State Cadre post.

e) The applicant contends that he possessed superior merit compared to private r