:: 1 :: TA 6736/2020

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing

Transfer Application No. 6736/2020

Reserved on: - 28.07.2025
Pronounced on: -11.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

1. Harvinder Singh, Age 30 years, S/o Amrik Singh R/O Baramulla A/P
House no. 28, Sector-D, Dashmesh Nagar Digiana Jammu.

…Applicant

(Advocate: - Mr. Siddhant Gupta)

Versus

1. Union Territory of Jammu & Kashmir, Through

Commissioner/Secretary Relief & Rehabilitation, Revenue Civil
Secretariat, Jammu.
2. Chairman, J&K Service Selection Board, Shekari Bhawan, Panama
Chowk, Jammu
3. Secretary, J&K Service Selection Board, Shekari Bhawan, Panama
Chowk, Jammu.
…Respondent

(Advocate:- Mr. Hunar Gupta, Ld. D.A.G, Mr. Rajesh Thapa, Ld.
A.A.G)

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
 :: 2 :: TA 6736/2020

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.381/2020 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A No.

6736/2020 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 commanding the respondents to verify the

documents of the petitioner in terms of the provisional select
list bearing no. SSB/secy/sel/2019/5160-66 dated 05.10.2019
issued in pursuant to the advertisement notification No. 04 of
2017 dated 28.11.2017 for the post of Multi Purpose Worker in
the department of Rural Development and Panchayati Raj
District Cadre Baramulla where the petitioner figure at sr. No.
5 of the Provisional short list.
b) With further writ of Mandamus commanding the respondent no.
2 to decide the representation dated 21.01.2020 submitted by
the petitioner by virtue of which the petitioner requested the
respondent no. 2 to allow him to submit his original documents
for verification and biometric verification in terms of the
provisional selection list dated 05.10.2019 with further request
for selecting the petitioner against the post of Multi Purpose
Worker in the department of Rural Development and
Panchayati Raj District Cadre Baramulla on the basis of his
merit.

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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c) With further writ of prohibition prohibiting the respondents

from selecting any other candidate who is lower in merit than
the petitioner as per the merit position.
d) Any other relief which the Hon'ble Court may deem just and
proper in the facts and circumstances of the case may please be
passed in favour of the petitioner.”

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

as follows: -

a) The applicant, Harvinder Singh, is a registered Kashmiri

migrant, originally from District Baramulla, now residing at

Jammu. He possesses AMIE (Electrical Engineering) from the

Institution of Engineers (India) as well as a three-year Diploma

in Instrumentation and Control Engineering from Government

Polytechnic College, Jammu.

b) In 2017, the Government announced the Prime Minister’s

Special Package intended to provide employment to displaced

Kashmiri migrants. Pursuant to this policy, the J&K Services

Selection Board issued Advertisement Notification No. 04 of

2017 dated 28.11.2017, inviting applications for 1140 District

Cadre posts in different departments of Kashmir Division. For

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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District Baramulla, six posts of Multipurpose Worker were

notified under Rural Development & Panchayati Raj

Department, with the prescribed minimum qualification of

10+2.

c) The applicant applied under the Open Merit category. After the

submission of online forms, the respondents shortlisted

candidates for the Computer-Based Test. The applicant was

placed at Serial No. 5 in the provisional shortlist based on

academic merit. He appeared in the CBT and secured an overall

merit of 57.75 points, with 48.13 test score, placing him at

Serial No. 5 in the provisional merit list for Open Merit against

six available posts.

d) A provisional shortlisting notice for document verification and

biometric authentication was issued on 05.10.2019. However,

due to the complete snapping of internet services in Jammu &

Kashmir at the relevant time, the applicant claims he never

came to know about the schedule for document verification.

The list was also not published in print media; therefore, he

could not present his documents within the prescribed period.

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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e) When he later learnt that the respondents were proceeding to

finalize the select list, allegedly ignoring his merit, he requested

respondent No. 2 orally to permit submission of documents, but

this was declined. He then submitted a written representation on

21.01.2020, duly acknowledged under Receipt No. 227, seeking

permission to submit his original documents and requesting

consideration based on his high merit. No response was

received.

f) The applicant apprehended that the respondents would finalize

the selection process without considering his candidature,

despite his higher merit position. He therefore approached the

High Court (later transferred as T.A. 6736/2020) challenging

the inaction of the respondents as arbitrary, violative of Articles

14 and 16 of the Constitution, and contrary to the objectives of

the PM Package meant to maximize employment opportunities

for migrant candidates.

g) He contends that being at Serial No. 5 against six notified posts,

his selection could not legally be ignored on a mere technicality

of non-submission of documents during a period when internet

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YADAV HARSHIT YADAV
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blackout made compliance impossible. He further asserts that

the selection was nearly final and one post remains vacant, in

view of High Court’s interim order dated 03.03.2020

restraining appointment of the last selected candidate.

h) The applicant therefore seeks directions to verify his documents

in terms of the provisional list dated 05.10.2019, decide his

representation dated 21.01.2020, and issue appointment order

with consequential benefits.

4. The respondents have filed their reply statement wherein they have

averred as follows: -

a) The respondents submit that the Transfer Application is

misconceived and liable to be rejected, as no cause of action has

accrued in favour of the applicant and no legal or fundamental

right of the applicant has been violated. The Jammu & Kashmir

Services Selection Board (SSB) acted strictly in accordance

with the recruitment rules and the indent placed by the

Department.

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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b) The respondents state that Advertisement Notification No. 04 of

2017 dated 28.11.2017 advertised the post of Multipurpose

Worker for District Cadre Baramulla under Item No. 065, with

six posts distributed as OM–03, RBA–01, SC–01, ST–01. The

prescribed qualification was 10+2. A Computer-Based Written

Test was conducted in May 2019, and the provisional shortlist

was issued on 05.10.2019.

c) The applicant indeed secured 57.75 points, but he remained

absent on the scheduled date fixed for Document Verification-

cum-Counselling. Under SSB rules, non-appearance

automatically results in disqualification. Consequently, the

applicant’s candidature was rejected.

d) The final selection list was thereafter completed and forwarded

to the Indenting Department on 27.01.2020. The respondents

assert that once the selection process concluded and the select

list was forwarded, no right survived in favour of the applicant

to reopen or challenge the process.

e) It is further submitted that in light of Administrative Council

Decision No. 01/01/2022 dated 29.01.2022, all posts referred to

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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SSB/PSC prior to 31.10.2019, for which selections had not

been finalized or which were pending litigation, were deemed

to have been withdrawn. Therefore, even otherwise, no post is

now available for consideration of the applicant.

f) The respondents deny all allegations of arbitrariness or

violation of Articles 14 or 16. They maintain that the applicant

cannot seek indulgence of the Tribunal after he voluntarily

failed to participate in the mandatory document verification

stage. They further submit that the application suffers from

suppression of material facts and is liable to be dismissed. The

respondents pray that the Transfer Application be dismissed.

5. The applicants have filed their rejoinder to the reply statement filed by

the respondents wherein they have averred as follows: -

a) The applicant, Harvinder Singh, after going through the

objections filed by the respondents, submits that the reply is

factually incorrect, legally unsustainable, and contrary to the

record. The applicant reiterates the factual position stated in the

Transfer Application and respectfully submits as under:

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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b) The respondents have admitted that the applicant secured 57.75

points and stood at Serial No. 5 in the provisional shortlist

issued for the post of Multipurpose Worker, District Cadre

Baramulla. However, they have wrongly stated that the

applicant “chose to remain absent” from the document

verification. The applicant emphatically denies this. At the

relevant time, internet services across the erstwhile State of

Jammu & Kashmir were completely shut down due to security

concerns, and therefore, the applicant never received or had

access to the provisional shortlist or the schedule of document

verification. The list was not made available in print media

either, as a result of which the applicant was unable to submit

his documents within the prescribed period. There was no

deliberate omission or negligence on his part.

c) The respondents have also placed reliance on Administrative

Council Decision dated 29.01.2022 to contend that the posts

stand withdrawn. The applicant submits that the said decision is

wholly inapplicable to the present case. The selection process

initiated under the Prime Minister’s Special Package had

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YADAV HARSHIT YADAV
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substantially concluded and the applicant’s merit was already

acknowledged in the provisional shortlist. The only reason he

could not be included in the final list was the non-verification

of documents, which itself occurred due to circumstances

beyond his control. Hence, the respondents cannot take shelter

under the Administrative Council decision to defeat a vested

right arising from a nearly completed selection.

d) It is further submitted that even prior to issuance of

appointment orders, the Hon’ble High Court, vide order dated

03.03.2020, directed the respondents not to issue appointment

in favour of the last-selected candidate, who was arrayed as

respondent No. 4 therein. Pursuant thereto, the Relief and

Rehabilitation Department communicated on 10.10.2020 that

no appointment order had been issued. This clearly

establishes that one post remains vacant, and therefore, the

applicant’s claim for appointment still survives and is legally

tenable.

e) The applicant contends that the selection under the PM Package

was intended as a special concession for the rehabilitation of

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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displaced migrant families. It was in relaxation of the usual

rules and aimed at maximising employment of Kashmiri

migrants. In such a scheme, it is unjust and contrary to the

object of the package for the respondents to deny selection to an

admittedly meritorious candidate on a technical ground caused

by a State-imposed IT shutdown.

f) The applicant categorically denies the respondents’ allegations

regarding maintainability, suppression of facts, or absence of

cause of action. The respondents have not explained why,

despite the applicant holding a higher merit position and despite

the High Court reserving a post, he was excluded. The plea of

withdrawal of posts is an afterthought and unsustainable once

the selection had already crystallized and the applicant had

figured in the provisional selection list.

g) The applicant submits that once the High Court protected one

post and directed verification of documents, the respondents

were duty-bound to consider his candidature. Their continued

inaction is arbitrary, discriminatory, and violative of Articles 14

and 16 of the Constitution.

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
 :: 12 :: TA 6736/2020

h) In view of the submissions made hereinabove, the applicant

prays that the Transfer Application be allowed, the respondents

be directed to verify his original documents in terms of the

provisional list dated 05.10.2019, and thereafter issue the

appointment order in his favour with all consequential benefits

from the date similarly situated candidates were appointed.

6. Heard learned counsel for the parties and perused the material

available on record.

7. The present Transfer Application has been received upon transfer of

SWP No. 381/2020 from the Hon’ble High Court of Jammu &

Kashmir and Ladakh and concerns the applicant’s grievance relating

to denial of appointment to the post of Multipurpose Worker under the

Prime Minister’s Special Package for Kashmiri Migrants, advertised

vide Notification No. 04 of 2017 dated 28.11.2017. The applicant, a

registered Kashmiri migrant, participated in the Computer Based Test

for District Cadre Baramulla, secured 57.75 points and figured at

Serial No. 5 in the provisional merit list against six Open Merit

vacancies. The grievance of the applicant is that despite being

meritorious and eligible, his candidature was ignored solely due to

HARSHIT Digitally signed by

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non-submission of documents within the prescribed period, at a time

when internet services across the erstwhile State of Jammu and

Kashmir were completely suspended, preventing him from accessing

the provisional shortlist and verification schedule. The applicant

thereafter submitted a representation dated 21.01.2020, duly

acknowledged by the respondents, but the same was not considered.

The petitioner approached the High Court, which, vide interim order

dated 03.03.2020, restrained issuance of appointment order in favour

of the last-selected candidate, thereby effectively keeping one post

reserved. A communication dated 10.10.2020 from the concerned

department confirms that no order of appointment was issued

pursuant to the said restraint.

8. The respondents have defended the action by stating that the applicant

remained absent from the Document Verification-cum-Counselling

and, therefore, was disqualified. They also rely upon Administrative

Council Decision No. 01/01/2022 dated 29.01.2022, whereby all posts

referred prior to 31.10.2019, in which selections were not finalised or

were under litigation, were deemed to have been withdrawn.

According to them, therefore, no vacancy survives for consideration.

HARSHIT Digitally signed by

YADAV HARSHIT YADAV
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9. Having heard the learned counsel for the parties and perused the

record, it emerges that the applicant’s merit position is undisputed. He

was placed at Serial No. 5 against six notified Open Merit posts. The

only reason for denial of his candidature is the alleged “absence” at

the time of document verification. The record, however, substantiates

the applicant’s assertion that during the crucial period, internet

services remained snapped throughout the Union Territory for security

reasons, and no alternate mode of public notification was effectively

made available. The respondents have not been able to controvert the

fact that due to the extraordinary circumstances prevailing at that

time, candidates—particularly Kashmiri migrants residing in

camps/localities with limited communication access—were unable to

receive timely notice of the verification schedule. In such a situation,

the applicant cannot be faulted for circumstances entirely beyond his

control. The rule of fairness requires that a candidate who is otherwise

eligible and meritorious must not be deprived of consideration due to

administrative or external impediments beyond his agency.

10. It is equally significant that the PM Package was not a routine

recruitment drive but a rehabilitative measure intended to provide

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livelihood opportunities to displaced Kashmiri migrants. Its object

was to maximize inclusion, not exclusion. Denying appointment to a

meritorious migrant candidate on a mere technical lapse—particularly

one caused by a communication blackout—would defeat the very

spirit and purpose underlying the scheme. The respondents have failed

to demonstrate any prejudice that would be caused to the recruitment

process were the applicant’s candidature to be considered now.

11. The reliance placed by the respondents on the Administrative Council

decision of 29.01.2022 is misplaced. In the present case, the selection

process had already crystallized, and one vacancy was consciously

kept unfilled pursuant to the interim order of the Hon’ble High Court

dated 03.03.2020. Once the High Court protected that vacancy, and

since that vacancy still exists, it cannot be treated as extinguished or

withdrawn. Administrative circulars or decisions cannot override

judicial orders or deprive a litigating party of substantive rights

already preserved by court intervention. The post, therefore, continues

to remain available for consideration of the applicant.

12. The rejoinder filed by the applicant further clarifies that the

respondents themselves admitted that the applicant had a higher merit

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YADAV HARSHIT YADAV
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position. The only defect was non-verification of documents, which is

rightly explained by the applicant as having been caused by the

extraordinary communication restrictions. The PM Package was to be

implemented in relaxation of general rules, and, therefore, a liberal,

purposive interpretation is warranted. Once a post has been preserved

pursuant to interim judicial directions, and the applicant is the rightful

claimant on merit, equity as well as law demands that he should not be

denied the benefit of selection.

13. In the above backdrop, this Tribunal is of the considered view that the

action of the respondents in ignoring the applicant’s candidature is

arbitrary, unjustified, and violative of Articles 14 and 16 of the

Constitution. The applicant is entitled to be considered against the

reserved vacancy on the strength of his admitted merit position.

Accordingly, the Transfer Application succeeds and is hereby

allowed with the following directions:

a) The respondents shall, within four weeks, conduct verification

of the original documents and biometric authentication of

the applicant in terms of the provisional selection list dated

05.10.2019.

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b) Upon successful verification, the respondents shall issue the

appointment order to the applicant for the post of

Multipurpose Worker, District Cadre Baramulla, under the PM

Package, against the vacancy kept unfilled pursuant to the

Hon’ble High Court’s order dated 03.03.2020.

c) The applicant shall be entitled to notional seniority and

consequential benefits from the date similarly situated

candidates appointed through the same notification were

appointed.

However, monetary benefits shall be restricted to the date of

actual joining.

d) The respondents shall ensure strict compliance within the

stipulated period. If any administrative formality remains, the

same shall be completed expeditiously without causing delay to

issuance of the appointment order.

No order as to costs.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)

Administrative Member Judicial Member
/harshit/

HARSHIT Digitally signed by

YADAV HARSHIT YADAV