BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE

TRIBUNAL, JAMMU.

O.A. No-/378/2023
MA- No. ___________

Shubham Singh Baloria & Ors

………….APPLICANT

Versus

D/o Union Territory of J&K & Ors

…..…RESPONDENTS

IN THE MATTER OF:-

INDEX
S No. Brief description of proceedings/documents Page No.
From To
1. Application along with affidavit.
2. VAKALATNAMA

PLACE: JAMMU
DATED:

APPLICANTS
THROUGH COUNSEL

H.A SIDDIQUI
ADVOCATE
 BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, JAMMU.

MA- No. ______/2023

In
O.A. No-/378/2023

Shubham Singh Baloria & Ors

………….APPLICANT

Versus

D/o Union Territory of J&K & Ors

…..…RESPONDENTS

IN THE MATTER OF:-

An application on behalf of
applicants

1. Shahid Bashir Age 30

years S/o Bashir Ahmad
Mir R/o Dalipora Distt
Pulwama 192301.

2. Insha Kouser Age 24

years D/o Mohd Younis
R/o Kalaban Tehsil
Mendhr Distt Poonch
J&K 185111.

3. Basit Riyaz Age 28

years S/o Riyaz Ahmad
KhanR/o Chandpora,
Harwan Srinagar J&k
191121.

4. Haroon Rashid Age 27

years S/o Ab Rashid
Bhat R/o Charsoo
Awantipora Tehsil
Awantipura Pulwama
J&K 192122.

5. Arun Sharma Age 26

years S/o Romesh
 Kumar R/o Subash
Nagar Udhampur J&K
182101.

6. Gulzar Ahmad Zargar

Age 29 years S/o Nazir
Ahmad Zargar R/o
Chatti-Bandi Bandipora,
193502.

7. Huzaif Shafi Age 28

years S/o Mohd Shafi
R/o Methan Nowgam
Srinagar 190015.

8. Amit Kumar Age 26

years S/o Vinod Kumar
R/o Subash Nagar
Jammu, 180005.

9. Khalid Nazir Age 25

years S/o Nazir Ahamad
Naik R/o Ratnipora
Shopian 192231.

10. Suhail Ahmad

Khanday Age 29 years
S/o Mohammad Amin
Khanday R/o Hugam
Srigufwara Anantnag
192401.

11. Mir Mohd Saqib Age

30 years S/o Ab Aziz
Mir R/o Dadsara Tral
Distt Pulwama 192123.

12. Mohd Haseeb Shora

Age 27 years S/o Fayaz
Ahmad Shora R/o Nawa
Kadal Women’s College
Road Srinagar, Kashmir
190002.
13. Sajid Shabir
Choudhary age 26 years
S/o Shabir Ahmed R/o
Surankote Distt Poonch
J&K 185121.

14. Akhil Sharma age 26

years S/o Shubh Kumar
R/o Sunderbani Rajouri
185153.

15. Mohd Yaseen age 30

years S/o Nazir Hussain
R/o VPO Nerojal Tehsil
Thannamandi Rajouri
185212.

16. Azhar Mohammad

Bhat age 27 years S/o
Gh. Mohammad Bhat
R/o Brein Nishat
Srinagar 191121.

17. Wajid Rashid age 29

years S/o Abdul Rashid
Moona R/o Shah Anwar
Colony Hyderpora
Srinagar 190014.

18. Tawseef Iqbal age 27

years S/o Iqbal Ahmad
Dar R/o Sonwar
Srinagar 190004.

19. Mudasir Rashid age

29 years S/o Ab Rashid
Malik R/o Trich, Tehsil
Kakapora, Distt
Pulwama 192121.

20. Shahid Ul Salam age

29 years S/o Abdul
Salam Mattoo R/o
Laram Ganjipora
Anantnag 192124
 seeking impleadment as
respondent no 3 to 23
in the afore titled OA or
in the alternative
permitting the
applicants herein to
intervene in the
aforesaid petition and
grant them opportunity
of hearing in the
interest of justice,
equity and fairplay.
MAY IT PLEASE YOUR HONOUR,
The applicants most respectfully submits as under.

1. That the aforesaid OA has been filed by the original

applicants seeking the quashment of the selection

process for the post of Asst Engineer initiated by the

PSC.

2. That in the said OA, notice was issued to the

respondents who have filed their objections to the

maintainability of OA which has not been considered

so far.

3. That an interim order has been issued on 17-04-2023

which reads as under –

“Heard learned senior counsel for the applicants.

Issue notices to respondents to show cause as to

why the Original Application be not admitted for

hearing.

Mr. Hunar Gupta, learned Deputy Advocate

General accepts notice on behalf of respondent

 No. 1. Mr. F.A Natnoo, advocate accepts notice on

behalf of respondent No. 2.

List on 01-06-2023 along with Original

Application No. 1080 of 2022.

As an interim measure, a direction is issued to

the respondents to continue with the selection

process of the Assistant Engineers (Civil) in Jal

Shakti Department pursuant to notification No.

28-PSC (DR-P) of 2022 dated- 26-12-2022. However

the final result with regard to said selection shall

not be declared without leave of this tribunal.

Let the written statement of Original Application

be filed by the respondents a day prior to the date

fixed with an advance copy to learned counsel for

the applicants.”

In view of the said interim order, serious

prejudice has been caused to the applicants as

their selection has been withheld against the

post of Assistant Engineers (Civil) in Jal Shakti

Department.

4. That all the applicants herein are qualified in terms of

the recruitment rules governing the post of Asst

Engineers (Civil) in the UT of J&K and being fully

eligible and qualified responded to the advt.

notification no. 28-PSC (DR-P) of 2022 dated 26-12-

 2022 issued by JKPSC for filling up the direct

recruitment quota posts in the cadre of Asst Engineer

upto 20 % of the cadre strength. After submission of

application form, the JKPSC conducted the

screening/written test on 14-05-2023, result whereof

was declared on 05-06-2023 and interview were

conducted on 14-06-2023. As applicants were

qualified after the written test and were called for

interview which was concluded by JKPSC on 23-06-

2023.

5. That JKPSC is not releasing the list in view of the

interim order which is seriously affecting the rights of

the applicants to seek their consideration for

selection/appointment to the post of Asst. Engineer.

6. That in the original application, petitioners are

seeking promotion under rule to which the applicant

has no objections/quarrel with their prayer. The

applicant submits that for procedural obstacle or for

seniority disputes in the feeding cadre of junior

engineer, DPC is not being convened which has to be

convened by the official respondents. The applicants

herein cannot be penalized for the said lapse or for

inter cadre seniority disputes of diploma/degree

holder Junior Engineers (Civil).

7. That applicants herein have legitimate expectation of

their selection to the post of Asst. Engineer and the

 non declaration of result by PSC on account of the

interim order is adversely affecting the

selection/appointment of the applicants besides

violating their right to seek consideration against

public post subject to their eligibility under law in

consonance with guarantees available to them under

article 14, 16 and 21 of the Constitution of India.

8. That applicants herein have a substantial interest in

the aforesaid litigation as on account of the said

petition, interim order has been passed thereby

restraining the PSC from releasing the select list. The

applicants are not in a position to get their selection

finalized even though the original applicants in OA No.

378/2023 have no locus-standi to question the

selection under the direct recruitment quota of 20 %

as claimed by the applicant herein.

9. That somewhat identical controversy was raised by

Junior Engineers working in Public Works (R&B)

Deptt in OA No 236/2023 and OA No 1189/2022

titled Muzamil Majid and Ors V/s U.T of J&K and Ors.

A division bench of Honble CAT Srinagar Bench

clubbed O.A. No. 1189 of 2022 and 236 of 2023 and

disposed off the same thereby vacating the interim

order by virtue of which the PSC was restrained from

releasing the select list. In para 21, 22 , 24 and 25,

the Honble Division Bench of CAT Srinagar Bench

ruled as under-

“21. It has come out that, barring 20% set apart

for promotes, 180 posts are available for junior

engineers possessing necessary qualification and

length of service. But such promotions cannot be

claimed as a matter of right. It depends upon the

availability of vacancies, recommendations of the

DPC, position in the seniority list, annual

confidential report etc. Anyhow, the applicants

cannot stake claim over the quota of direct

recruits. Even though it was averred that it is an

attempt to deprive their chances of promotion, we

find it difficult to subscribe to the contention.

22. After having gone through the entire

materials we are not inclined to uphold the

contentions of the applicants. The specific case of

the respondents is that the notification has been

issued to fill up direct recruitment quota, which

cannot infringe the rights of the applicants.

24. On evaluation of the entire materials and

circumstances we are unable to sustain the

contentions of the applicants. Both the OAs are

bereft of merits and are liable to be dismissed.

Dismissed. No costs.

25. Interim orders shall stand vacated.”

 Copy of the order dated 11-09-2023 passed in O.A.

No. 1189 of 2022 and 236 of 2023 is enclosed

herewith and marked as ANNEXURE-AI.

10. That the present case is also

covered by the said judgment in as much as the

original applicant herein cannot stake any claim

against 20% quota of direct recruits nor they are

participant in the selection against direct recruitment

quota hence the applicants who are seeking their

selection against 20% direct recruitment quota have

an indefeasible right to get their selection finalized

which cannot be stopped on the asking of the

applicants who are seeking promotion in their own

quota but same is delayed due to the seniority issues

pending before the CAT/court.

11. That the possible selection of

applicants herein in their own quota has nothing to do

with the promotional prospects of the original

applicants as it is for the UT/employer to grant them

promotion and fix their seniority under rules. The

power of govt even to grant retrospective seniority in

the cases as are required such a dispensation can be

invoked if it is deemed appropriate.

12. That apart from 50 vacancies

in the cadre of Asst Engineer (Civil) in Jal Shakti

Deptt notified in terms of notification no 28-PSC of

 2022 dated-26-12-2022, another notification 20-PSC

of 2023 dated 26-05-2023 advertising 36 more

vacancies has been issued by PSC and the selection

process for these vacancies is also set in motion fixing

the date of written test on 02-10-2023. Against the

said advt there is no litigation. In an uncertain

situation, the applicants herein are made to face the

said selection again for these vacancies. It would be in

the interest of the eligible candidates and the deptt of

Jal Shakti if the result is declared so that a clear

picture as regards the selection emerges and there are

no chances of multiple selection for one post.

13. That since applicants have

participated in the selection process and were

shortlisted for written and thereafter for viva voce

putting restriction on PSC not to declare the result is

causing serious prejudice to the case of the applicant.

14. That applicants have a

substantial and tangible right involved in the matter

of their selection, the original applicants are seeking

the quashment of the notification no 28 dated 26-12-

2022 of JKPSC besides seeking quashment of notice

dated 28-03-2023 providing conduct of written test on

14-05-2023. In case of quashment of these

notifications, the applicants shall be condemned

unheard and serious prejudice shall be caused to the

 selection of meritorious candidates hence the

applicants are necessary and proper parties to be

impleaded in the aforesaid petition. The applicants in

alternative prayer without prejudice to their right of

impleadment that the Honble tribunal may be pleased

to permit them to intervene in the matter and grant

them audience so that the petition is disposed off in

accordance with law. The impleadment of applicants

or their intervention shall not cause any prejudice to

the applicants and respondents in as much as original

applicants are seeking referral of vacancies under

promotion quota and are not staking and cannot

stake any claim against 20 % direct recruitment quota

under law.

15. That in a selection process, a

person who is not a candidate in the selection process

or who has not responded to the advt. notice or who is

not claiming any share in direct recruitment cannot

maintain a writ petition seeking stay of the selection of

direct recruitment quota.

16. That any interim/final order in

absence of the applicants is going to cause serious

prejudice hence the applicant herein have a

substantial and tangible interest in the final outcome

of the instant petition.

17. That the Honble Supreme

Court has favored the grant of impleadment in favour

of the applicant who have a direct and substantial

interest in the litigation.

18. That impleadment as party

respondent shall minimize the multiplicity of litigation

and help in just and fair disposal of the aforesaid

case.

19. That the application is well

within time.

An affidavit in support is enclosed.

Prayer-

It is therefore most humbly prayed that your

honour may be pleased to allow the
application and implead the applicants as
party respondent No 3 to 23 in the aforesaid
petition and permit them to file the
pleadings or in the alternative allow them to
intervene in the matter and grant them
opportunity of hearing in the interest of
justice, equity and fairplay.

APPLICANTS
THROUGH COUNSEL

H.A SIDDIQUI
ADVOCATE
BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, JAMMU.

O.A. No-/378/2023
MA- No. ___________

Shubham Singh Baloria & Ors

………….APPLICANT

Versus

D/o Union Territory of J&K & Ors

…..…RESPONDENTS

IN THE MATTER OF: -

Affidavit in support of application

 I,
____________________________________________, do
hereby solemnly affirm and declare that the
accompanying application has been read over and
explained to me and the contents of the para
No.____ to ____ of the application are true and
correct as per my personal knowledge and those
of remaining paras ____ to ____ are based on legal
advice.

The deponent is well versed with the facts

and circumstances of the case, hence is competent
to swear the instant affidavit.

I solemnly swear/affirm that the affidavit is true, no

part of this is false and nothing has been concealed.
PLACE: JAMMU
DATED:

DEPONENT