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Jammu, July 26: In O.A./749/2024 (JAMMU)With M.A./640/2024 Dispense with the requirement titled ANIL KUMAR Vs FINANCE DEPARTMENT after hearing CAT ordered as under:-
M.A. No. 640 of 2024 M.A. No. 640 of 2024 has been filed by the applicant's counsel for dispensing with the requirement of submission of copies of the paper book for the private respondents. For the reasons stated therein the M.A. is allowed. Accordingly, the applicant at this stage is exempted to provide copies of the paper book for private respondents.
O.A. 749 of 2024 Mr. Abhinav Sharma, learned senior counsel for the applicant submitted that for making selection of 48 vacancies of Sub Inspector (Finance) UT cadre, the respondent no. 3 issued an advertisement no. 4 of 2020 dated 16.12.2020, whereby and whereunder amongst other posts, 48 posts of Sub Inspector (Finance), UT cadre were advertised out of which 6% were required to be reserved for Ex-servicemen category as per horizontal reservation.
The applicant being fully eligible being an ex-servivement responded to advertisement Notification No. 4 of 2020 dated 16.12.2020 seeking consideration for selection to the post of Sub Inspector, Finance, UT cadre under ex-servicemen category likewise respondent no. 4 to 8 also responded to the aforesaid advertisement under ex-servicemen category. Learned senior counsel further submitted that UT of J&K also framed rules through the medium of S.O. 361 dated 20.10.2021 called as J&K ex-servicemen (Re-employment in Public Services and Posts) Rules, 2021 and explanation-II attached to Rule 2 of the aforesaid rules provided as under:-
"Explanation II: An Ex-servicemen on joining any post after having availed horizontal reservation, cannot avail of the benefit of reservation as exservicemen for any subsequent employment."
Respondent No. 3 has issued the impugned provisional select list for the post of SI Finance UT cadre through medium of notification No. JKSSB-Scry/12/ 2024- 06 (E-7479108) dated 04.07.2024 pursuant to advertisement Notification no. 04 of 2020 dated 16.12.2020, whereby and whereunder respondents no. 4 and 5 came to be selected being most meritorious under OM/ESM category. Learned senior counsel then submitted that respondent no. 7 namely Vikas Parihar who was serving elsewhere did not participate in the document verification process, inasmuch as he was not interested to join as Sub Inspector, Finance UT cadre.
As far as respondent no. 4 (namely Raghubir Singh) is concerned, he is serving in Punjab National Bank conveyed to the J&KSSRB and he has therefore sworn and affidavit to the fact that despite the selection he is not interested to join against the post of Sub Inspector. So far as respondent no. 5 is concerned, he already stood selected and consequently appointed as Sub Inspector (Home Deptt) prior to the issuance of the impugned provisional select list.
Further, the respondent no. 8 has also been appointed as Panchayat Secretary and has joined and also requested the J&K SSRB to cancel his selection. So far as the respondent no. 6 is concerned he has also already joined as Accounts Assistant (Panchayat). Learned senior counsel submitted that being aggrieved of the impugned provisional select list and failure on the part of the respondent no. 3 to consider the representation of the applicant, the applicant challenges the impugned provisional selection list qua the selection of respondent no. 4 and 5 and also seeks a direction against the respondent no. 3 not to recommend the names of respondent no. 6, 7 and 8 to respondent no. 1 for their appointment.
Mr. Hunar Gupta, learned D.A.G. submitted that Services Selection Recruitment Board(SSRB) has rendered functus officio as they have sent the recommendation to the indenting department.
Issue notice to respondents, returnable by next date of hearing. Mr. Hunar Gupta, learned D.A.G. and Mr. Dewakar Sharma, learned D.A.G. appear and accept notices on behalf of respondents. Registry is directed to issue notices to private respondent Nos. 4 to 8.
List on 05.09.2024.
In view of the above facts and circumstances, as an interim measure, the respondents are restrained from appointing respondent no. 4 and 5 and 8 for the post of SI Finance, UT cadre.
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