CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3287/2020 Reserved on: - 27.05.2025 Pronounced on: - 27.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Shatrugan Sharma; age: 36 years S/o Sh. Shiv Ram R/o H.No:20 Upper Laxmi Nagar, Sarwal, Jammu.

…Applicant (Advocate: - Mr. Rahul Pant, Sr. Adv)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary to Government Law, Justice and Parliament Affairs Department Jammu and Kashmir Government Civil Secretariat, Srinagar

2. Director Litigation Jammu and Kashmir Government Jammu

3. Sh. Achal Sethi Chairman Divisional Level Departmental Committee Law Department, Jammu

4. Chaman Lal S/o Sh. Sewa Singh R/o Mohalla Godar, Tehsil Rajouri.

5. Harinda Aboss S/o Sh. Gh. Abbass R/o Malnai Berau, Bahdarwah, District Doda.

6. Shavaz Ahmad S/o Sh. Gulzar Ahmad R/o At Present Gujjar Nagar, Jammu.

7. Anita Devi/Bhat W/o Sh. Ramesh Kumar Bhat.

R/o At Present Patoli Brahmana, Jammu.

8.Radhima Gupta D/o Sh. Kewel Krishan Gupta R/o Fattu Chowgan, Jammu.

9. Harvinder Singh S/o Harmohan Singh R/o Rajpura, Shakti Nagar, Jammu.

10. Raman S/o Sh. Ramesh Kumar R/o Mohalla Darugiran, Jammu. 11. Kuldeep Raj S/o Sh. Biru Ram R/o Gole Panj, Peer.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2673/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3287/2020 by the Registry of this Tribunal.

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

a) Certiorari, quashing the selection of respondent Nos. 4 to 7 made against the four Class-IV posts of Jammu Division in the respondent No. 1-Departement as advertised by the respondent No. 2 vide advertisement notice No. 01 of 2013 dated

07.08.2013;

b) Certiorari, quashing the selection of respondents Nos. 8 to 11 employees in the respondent No. 1- Department as has been made in excess of the vacancies advertised vide advertisement Notice No. 01 of 2013 dated 07.08.2013 in Jammu Division, without advertisement;

c) Certiorari, quashing the selection criteria adopted by the respondents for making selection against Class IV posts in the respondent No. 1-Department advertised vide advertisement Notice No. 01 of 2013 dated 07.08.2013 wherein 40% marks have been earmarked for the viva-voce, with a further direction to the respondents to re-frame the selection criteria allocating not more than 20% marks for viva-voce.

d) Mandamus, commanding the respondents to provide reservation to the category of physically handicapped as per the mandate of the J&K Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998 and the J&K Reservations Rules, 2005 and thereby fill up the 1% quota falling to the share of the candidates suffering from Locomotor Disability/Cerebral Plasy;

e) Mandamus, commanding the respondents to produce the record pertaining to the division- wise existence/availability of the 39 Class-IV vacancies filled up in Kashmir Division in excess of the vacancies advertised vide advertisement Notice No. 01 of 2013 dated 07.08.2013 in Kashmir Division, without proper advertisement;

f) Mandamus, commanding the respondents to workout the Division-wise availability of posts out of the 43 posts filled up in excess of the vacancies advertised vide advertisement notice No. 01 of 2013 dated 07.08.2013 for Jammu and Kashmir Divisions and to separately advertise the above said posts filled up in excess, in the Division where the said posts actually exist;

g) Mandamus, commanding the respondents to select and appoint the petitioner against one of the Class IV posts advertised in the respondent No. 1-Department vide vide advertisement notice No. 01 of 2013 dated 07.08.2013;

h) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circu