CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 3627/2020 Reserved on: - 13.10.2025 Pronounced on: - 16.03.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

SAHIL BAGATI Age 26 years S/o Ravi Kumar Bagati R/o H.No.

520, Lane no. 2, Shivpuri Housing Colony, Janipur, Jammu.

…Applicant (Advocate: - Mr. P.N. Bhat)

Versus

1. U.T OF J&K THROUGH, Commissioner cum Secretary To Govt., Disaster Management, Relief, Rehabilitation & Reconstruction Department, J&K, Jammu.

2. RELIEF & REHABILITATION COMMISSIONER (M), Canal Road, J&K, Jammu.

3. CHAIRMAN, Service Selection Recruitment Board, Jammu.

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

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.4501/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3627/2020 by the Registry of this Tribunal.

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

“A/ WRIT OF MANDAMUS:-

a) Commanding on the respondents particularly respondent no. 3 to operate the wait list so that unfilled posts are filled up without any further delay.

b) Commanding the respondent no. 3 to forward the name of the petitioner as selected candidate to the respondent no. 1 so that appointment order is issued in his favour being most meritorious candidate.

c) Commanding the respondents to disclose how many posts are still lying vacant in pursuance of the advertisement notice no.

04/2017 dated 28.11.2017.

d) Any other order which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be passed in favour of the petitioner against the respondents.”

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

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

4501/2019 originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu, which upon constitution of this Tribunal stood transferred and was registered as T.A. No. 3627/2020. The applicant seeks issuance of directions to the respondents for operation of the waiting list and for consideration of his case for appointment to the post of Junior Engineer (Electrical) under the Prime Minister’s Special Package for Return and Rehabilitation of Migrants pursuant to Advertisement Notice No. 04 of 2017 dated 28.11.2017.

b) The case of the applicant, in brief, is that the Jammu and Kashmir Services Selection Board issued the aforesaid advertisement notice inviting applications for filling up posts of Junior Engineer (Electrical) in the Power Development Department under the Jammu and Kashmir Migrants (Special Drive Recruitment) Rules, 2009. The applicant, being eligible, applied online within the prescribed time and participated in the selection process comprising written examination followed by interview and document verification.

c) It is stated that after qualifying the written examination and interview, the applicant was included in the overall merit list and was called for verification of original documents on 12.07.2018, wherein he duly produced all requisite certificates. Thereafter, the respondents issued a select list dated 28.02.2019 comprising 28 selected candidates along with a waiting list of 14 candidates; however, the name of the applicant did not figure either in the select list or in the waiting list.

d) According to the applicant, since several selected candidates did not join their posts, the respondents operated the waiting list and issued another list on 12.04.2019 selecting additional candidates, yet the applicant again remained unselected. The applicant asserts that even thereafter certain selected candidates failed to join, resulting in several vacancies remaining unfilled. He contends that the waiting list remained valid for one year from publication of the select list and that repeated representations were submitted reque