Central Administrative Tribunal - Jammu
Manohar Lal And Others vs Finance Department on 3 February, 2026
:: 1 :: TA 1249/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Transfer Application No. 1249/2020
Reserved on: - 02.09.2025
Pronounced on: - 03.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Manohar Lal; aged: 51 years S/o Sh. Chaju Ram R/o Sukrala Devi,
Billawar
2. Tara Chand; aged: 52 years S/o Sh. Paras Ram R/o H No. 295 Old Basti,
Bahu Fort
3. Ajay Kumar; aged: 40 years S/o Sh. Amar Chand R/o Channi Himmat,
Upper Mohalla Jammu
4. Amarjeet Singh; aged: 43 years S/o Sh. Bhupinder Singh R/o Village
Domana, Tehsila and District Jammu
5. Sham Lal; aged: 48 years S/o Sh. Anant Ram
6. R/o Tehsil and Disrict Jammu Kewal Krishan; aged: 48 years S/o Sh.
Amer Chand R/o Channi Himmat, Upper Mohalla Jammu
7. Ashwani Kumar; aged: 45 years S/o Sh. Kaka Ram R/o Ramkote, Tehsil
Billawar, District Kathua
8. Rakesh Kumar; aged: 43 years S/o Sh. Krishan Lal R/o F-374, Bakshi
Nagar, Jammu
9. Ajay Kumar; aged: 48 years S/o Sh. Krishan Lal R/o F-374, Bakshi
Nagar, Jammu
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat
Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 16:57:50+05'30'
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10. Bhavesh Kumar; aged: 47 years S/o Sh. Bansi Lal R/o Nanth P/o.
Ghagwal, Tehsil Hiranagar, Kathua
11. Vijay Kumar; aged: 50 years S/o Sh. Ganesh Dutt R/o Village Gara,
P/o. Gara Stura, Tehsil Hitanagar, Kathua
12. Nek Ram; aged: 53 years S/o Sh. Sant Ram R/o Village Malwal, Tehsil
Billawar District Kathua
13. Kewal Krishan; aged: 53 years S/o Sh. Agya Ram R/o Village Dommar,
Tehsil and District Kathua
14. Raju; aged: 43 years S/o Sh. Rattan Lal R/o Purana Dakkhana, Kanak
Mandi, Jammu
...Applicants
(Advocate: - Mr. Abhimanyu Sharma)
Versus
1. State of Jammu and Kashmir through Principal Secretary to
Government Finance Department Jammu and Kashmir Government
Civil Secretariat, Jammu
2. Commissioner Commercial Taxes Jammu and Kashmir Jammu
3. Excise Commissioner, Jammu and Kashmir Jammu
...Respondents
(Advocate:- Mr. Rajesh Thapa, Ld. AAG)
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat
Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV
[email protected], CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 16:57:50+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 3 :: TA 1249/2020
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.3183/2019 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1249/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
In view of the submissions made herein above, it is, therefore, prayed that this Hon'ble Court may be pleased to issue the following writs:
i) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to disclose the names, designation and present place of posting of 63 candidates who had been appointed against various Class-IV posts in pursuance to advertisement notice No. 01/ADM of 2005 dated 02.04.2005 without having been called for interview;
ii) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to select and appoint the petitioners against Class IV posts w.e.f 2007 i.e. the date from Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: TA 1249/2020 which select list was issued in pursuance to advertisement notice No. 01/ADM of 2005 dated 02.04.2005with all consequential benefits;
iii) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be issued in favour of the Petitioners and against the respondents along with cost.
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. 3183/2019, which was originally filed before the Hon'ble High Court of Jammu & Kashmir at Jammu and, upon transfer, came to be registered as T.A. No. 1249/2020 before this Tribunal.
b) The applicants are permanent residents of the erstwhile State of Jammu & Kashmir and claim to be eligible aspirants for appointment to Class-IV posts in the Excise and Commercial Taxes Department. Their grievance has its genesis in recruitment processes dating back to the mid-1990s.
Digitally signed by HARSHIT YADAV
HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: TA 1249/2020
c) In the year 1994, an advertisement was issued for appointment to the post of Excise Guards. The applicants claim to have applied pursuant thereto. However, instead of making appointments through a transparent selection process, the department allegedly appointed a large number of persons against various Class-IV posts such as Orderlies, Guards, Process Servers and Chowkidars without issuing any public advertisement or conducting any test or interview.
d) These alleged back-door appointments were challenged before the Hon'ble High Court through several writ petitions, including SWP No. 1961/1999 (Manohar Lal v. State of J&K) and SWP No. 1542/1999 (Darshan Kumar Baru v. State of J&K). All such matters were clubbed and decided by a learned Single Judge vide judgment dated 05.07.2000, whereby the appointments made without advertisement and selection were quashed.
e) The said judgment was upheld by the Division Bench of the Hon'ble High Court vide judgment dated 08.11.2000, while permitting the illegally appointed persons to continue on purely ad-
hoc basis till fresh selections were made or till 30.04.2001, Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: TA 1249/2020 whichever was earlier, with a clear caveat that such continuation would not confer any right or advantage in future selection.
f) The matter travelled further to the Hon'ble Supreme Court in a batch of civil appeals, culminating in a judgment dated 16.09.2004 in Pankaj Gupta & Ors. v. State of J&K & Ors., wherein the Apex Court upheld the High Court judgments and issued categorical directions, inter alia, for notification of all vacant posts, grant of age relaxation to earlier appointees, and filling up of posts strictly in accordance with rules.
g) As the directions of the Hon'ble Supreme Court were allegedly not complied with, contempt proceedings were initiated. Ultimately, an Advertisement Notice No. 01/Admn of 2005 dated 02.04.2005 was issued, advertising 391 Class-IV posts including Guards, Orderlies, Chowkidars and Packers, inviting applications from eligible candidates.
h) The applicants applied pursuant to the said advertisement and claim that they were eligible in all respects. Their principal grievance is that despite eligibility, they were not called for interview, whereas Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: TA 1249/2020 several other candidates--allegedly including earlier back-door appointees--were considered and appointed.
i) According to the applicants, the selection process was carried out in a manner that defeated the spirit of the directions of the Hon'ble Supreme Court, and the advertisement was reduced to a mere formality to regularize the services of those already working.
j) The applicants further contend that they kept pursuing the matter through representations and correspondence. In 2016, an application under the Right to Information Act allegedly revealed that the department itself had acknowledged an error in not calling certain candidates, including the applicants, for interview.
k) As no remedial action was taken, the applicants again approached the Hon'ble Supreme Court by way of Contempt Petition (C) No. 1166/2018, which came to be dismissed on 18.02.2019, with liberty to avail any other remedy available in law.
l) Aggrieved by continued inaction, alleged discrimination, and denial of consideration for appointment to Class-IV posts despite long-
drawn litigation, the applicants have approached this Tribunal Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: TA 1249/2020 seeking disclosure of details of appointees and consequential appointment with retrospective benefits.
4. The respondents have filed their reply statement wherein they have averred as follows: -
a) At the outset, the respondents raise a serious objection of delay and laches. The selection process in question culminated in 2006-07, whereas the applicants approached the Court after more than twelve years, which by itself disentitles them to any discretionary relief. The law is well-settled that stale claims cannot be revived once a selection process has attained finality.
b) It is submitted that the entire selection undertaken pursuant to the directions of the Hon'ble Supreme Court has already withstood judicial scrutiny, including dismissal of a batch of 19 writ petitions by the Hon'ble High Court vide judgment dated 04.08.2009. The present application, therefore, amounts to re-agitation of settled issues.
c) On facts, the respondents submit that appointments made without following due process were quashed by the Hon'ble Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: TA 1249/2020 High Court in 2000 and the said judgment was affirmed by the Division Bench and ultimately by the Hon'ble Supreme Court on 16.09.2004, which laid down a clear roadmap for fresh recruitment.
d) In strict compliance with the Supreme Court's directions, Advertisement Notice No. 01-Adm of 2005 dated 02.04.2005 was issued, advertising 391 Class-IV posts. A State Level Selection Committee, along with Divisional Committees, was constituted through Government Orders to conduct the selection.
e) The selection criteria were duly framed, approved by the Finance Department, and notified publicly. For the post of Guards, physical standards including minimum height of 5 feet 11 inches were prescribed. For Orderlies, Packers and Chowkidars, academic qualifications and structured evaluation were adopted.
f) The respondents categorically deny the allegation that any candidate was appointed without interview. The process involved shortlisting, interviews, preparation of award lists, and Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: TA 1249/2020 issuance of appointment orders strictly in accordance with approved criteria.
g) Upon scrutiny of available records, including OMR application forms, it emerged that the applicants either did not meet the prescribed eligibility criteria, particularly physical standards for Guards, or failed to submit requisite documents such as 10+2 marks certificates, which was essential for shortlisting for other Class-IV posts.
h) It is specifically pleaded that as per their own declarations in the application forms, none of the applicants satisfied the minimum height requirement for the post of Guard and, therefore, they were rightly not shortlisted or called for interview.
i) The respondents further submit that during the entire selection process and even for years thereafter, the applicants did not raise any contemporaneous objection regarding non-interview.
The belated grievance raised after more than a decade is clearly an afterthought.
Digitally signed by HARSHIT YADAVHARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: TA 1249/2020
j) The reliance placed by the applicants on certain RTI information is misconceived, as the said information does not specifically pertain to the applicants, nor does it override the official selection record, which is maintained and has been produced in sealed cover.
k) The reference to appointments shown between 1998 and 2006 in the seniority list is explained by the fact that some individuals were appointed on compassionate grounds or were casual labourers whose services were regularized pursuant to separate judicial directions, and not through the impugned selection.
l) The respondents deny any violation of Articles 14 or 16 of the Constitution and submit that the applicants were neither discriminated against nor denied consideration arbitrarily. Non-
selection flowed from non-fulfilment of eligibility conditions, not from any mala fide or illegal act.
m) In view of the above facts, settled legal position, unexplained delay, and absence of any enforceable right, the respondents pray that the Transfer Application be dismissed with costs.
Digitally signed by HARSHIT YADAVHARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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5. Heard learned counsel for the parties and perused the material available on record.
6. The present Transfer Application arises from SWP No. 3183/2019, originally instituted before the Hon'ble High Court of Jammu & Kashmir and transferred to this Tribunal upon constitution of jurisdiction.
7. The applicants, fourteen in number, seek redressal of a grievance that has its genesis in recruitment to Class-IV posts in the Excise and Commercial Taxes Department, spanning over nearly three decades, and involving multiple rounds of litigation before the High Court as well as the Hon'ble Supreme Court. In the mid-1990s, large-scale appointments to Class-IV posts in the respondent departments were made without advertisement, test or interview. These appointments were quashed by the Hon'ble High Court vide judgment dated 05.07.2000, which was affirmed by the Division Bench on 08.11.2000. The matter ultimately culminated before the Hon'ble Supreme Court in Pankaj Gupta & Ors. v. State of J&K & Ors., decided on 16.09.2004, wherein the Apex Court upheld the quashment but issued specific, mandatory directions requiring:
Digitally signed by HARSHIT YADAVHARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 13 :: TA 1249/2020 • Notification of all vacant posts, • Grant of age relaxation, • Fair consideration of all eligible candidates, • Filling up posts strictly in accordance with rules.
8. Pursuant thereto, Advertisement Notice No. 01/Admn of 2005 dated 02.04.2005 was issued, advertising Class-IV posts including Guards, Orderlies, Chowkidars and Packers. The applicants applied pursuant to the said advertisement. However, they were not called for interview, whereas a substantial number of candidates were considered, selected and appointed. The applicants continued to pursue the matter through representations, correspondence, RTI applications and contempt proceedings, culminating in dismissal of Contempt Petition (C) No. 1166/2018 by the Hon'ble Supreme Court on 18.02.2019, with liberty to avail other remedies in accordance with law.
9. The applicants contend that:
• They were never afforded an opportunity of interview, despite being applicants pursuant to a valid advertisement. Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 14 :: TA 1249/2020 • The selection process was selectively applied, thereby defeating the very purpose of the Supreme Court's directions. • The department itself, in internal notings revealed under RTI, admitted that non-calling of certain candidates for interview was a mistake.
• While 63 candidates were allegedly appointed and even promoted without interview, the applicants were excluded altogether.
• The prolonged inaction has rendered the applicants over-aged and unemployable, causing irreparable prejudice.
10. The respondents resist the application primarily on the grounds of:
• Delay and laches, • Alleged non-fulfilment of eligibility criteria, • Finality of selection completed in 2006-07, • Dismissal of similar writ petitions in 2009.
11. It is asserted that the applicants were not shortlisted due to failure to meet physical standards or non-submission of documents, and that no illegality was committed in the selection process.
12. The following questions arise for determination:
Digitally signed by HARSHIT YADAVHARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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(i) Whether the applicants were denied fair consideration in violation of the directions issued by the Hon'ble Supreme Court?
(ii) Whether non-calling of the applicants for interview vitiates the selection process?
(iii) Whether the plea of delay and laches bars relief in the peculiar facts of the case?
13.The directions issued by the Hon'ble Supreme Court on 16.09.2004 were not merely advisory but mandatory in character. The object was not only to undo illegal appointments, but to restore fairness, transparency and equality in public employment.
14. Any selection process undertaken pursuant thereto was required to strictly adhere to the constitutional mandate of Articles 14 and 16, ensuring equal opportunity to all eligible candidates. It is an admitted position that the applicants were not called for interview at all. The justification offered--relating to height, documents or eligibility--is based on reconstructed records and assumptions drawn years later.
15. What is significant is that:
• No contemporaneous rejection order was communicated, • No opportunity of rectification was granted, Digitally signed by HARSHIT YADAV HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 16 :: TA 1249/2020 • No reasoned decision excluding the applicants was ever conveyed.
16. The department's own internal noting, as disclosed under RTI, acknowledging that non-calling of certain candidates for interview was a mistake, demolishes the respondents' defence and establishes procedural arbitrariness. The objection of delay cannot be examined in isolation. The applicants have been continuously litigating since the late 1990s, including proceedings before the High Court and the Supreme Court. The wrong complained of is not a one-
time event but a continuing deprivation of consideration, aggravated by repeated assurances, representations and official silence. It is well settled that delay cannot defeat a claim founded on constitutional infirmity, particularly where the applicants were made to wait by the State itself. The record reveals that while the applicants were excluded, similarly placed persons were not only appointed but continued in service and even promoted. Selective application of eligibility norms, coupled with denial of interview, strikes at the root of equal opportunity in public employment and renders the process unsustainable.
Digitally signed by HARSHIT YADAVHARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0 :: 17 :: TA 1249/2020
17. This Tribunal has no hesitation in holding that:
• The applicants were denied fair and equal consideration, • The selection process, to the extent it excluded the applicants without interview, stood vitiated, • The respondents failed to implement the directions of the Hon'ble Supreme Court in letter and spirit. • The applicants cannot be made to suffer for administrative lapses spanning decades, particularly when the fault lies squarely with the employer.
18. Accordingly, the Transfer Application is ALLOWED with the following directions:
(i) The respondents shall reconsider the cases of the applicants for appointment to Class-IV posts in the Excise / Commercial Taxes Department against available or identifiable vacancies, by constituting a special consideration committee, within a period of three months from the date of receipt of this judgment.
(ii) The applicants shall be deemed eligible for consideration notwithstanding age, and no objection on the ground of age shall be raised.
Digitally signed by HARSHIT YADAV
HARSHIT DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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(iii) Upon selection, the applicants shall be granted notional appointment from the date their immediate juniors were appointed, with notional seniority and continuity of service.
(iv) The applicants shall be entitled to actual monetary benefits prospectively from the date of issuance of appointment orders.
(v) The exercise shall be completed in a transparent and reasoned manner, within three months.
19. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit/
Digitally signed by HARSHIT YADAV
HARSHIT
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 16:57:50+05'30' Foxit PDF Reader Version: 2025.2.0