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O R D E R
M.A. No. 723 of 2024
M.A. No. 723 of 2024 has been filed by ld. counsel for the applicants seeking direction of this Tribunal for disposal of the T.A. No. 2472 of 2021/SWP No. 1609 of 2013 in terms of order dated 01.08.2024 passed in TA No. 7775 of 2021 case titled ‘Rajesh Kumar & Ors. vs. State & Ors.’ of Jammu bench which was decided in terms of order dated 18.07.2024 passed in TA No. 2483 of 2021case titled ‘AB. Majid Dar & Ors. vs. State of J&K & Ors.’ of Srinagar Bench of CAT.
Prayer made in M.A. No. 723 of 2024 is allowed for the reasons stated therein.
T.A. No. 2472 of 2021
The instant petition was earlier filed before the Hon’ble High Court wherein the applicants herein had made the following prayers:-
i.Certiorari: quashing Advertisement Notice No: 198/Adm of 2013 dated 04.07.2013.
ii.Mandamus commanding the respondents to accord consideration for appointment to the cases of the petitioners against the available vacant posts in respondents department.
iii.Mandamus commanding the respondents to appoint the petitioners against the available posts as Class-IV employees in pursuance to Jammu and Kashmir Civil Services (Special Provisions) Act 2010 notwithstanding section 5(ii) of the said Act.”
Learned counsel for the applicants, by way of a Miscellaneous Application submitted that the applicants would be satisfied, and it would meet the ends of justice if this Transferred Application is disposed of directing the respondents to treat this T.A. as representation of the applicants and decide the same by passing a reasoned and speaking order within a stipulated time frame.
Ld. counsels for the respondents submitted that appropriate orders may be passed.
Accordingly, the Transferred Application is disposed of with the direction to the respondents to treat this T.A. as representation of the applicants for appointing the petitioners against the available posts as Class-IV employees in pursuance to Jammu and Kashmir Civil Services (Special Provisions) Act 2010 notwithstanding section 5(ii) of the said Act and decide their case by passing a reasoned and speaking order keeping in view the judgments rendered by the Srinagar bench of C.A.T. in T.A. No. 2483/2021 titled “Ab. Majid Dar and Ors vs. State of J&K and Ors, dated 18.07.2024” and T.A. No. 2503/2021 titled “Rafiq Ahmed and Ors Vs. State of J&K and Ors., dated 18.07.2024”. Respondents are further directed to communicate the order so passed to the applicants also.
In case the applicants are found to be similarly situated to the applicants of T.A. No. 2483/2021 and T.A. No. 2503/2021, then the similar relief would be granted to the applicants herein. Vide order dated 26.07.2013 passed by the Hon’ble High Court of J&K, Jammu, 25 seats of Class-IV are reserved for all the 25 applicants and they will be considered for the said vacant posts.
The said exercise shall be undertaken within a period of six weeks from the date of receipt of certified copy of this order.
With these directions the Transferred Application No. 2472 of 2021 and Miscellaneous Application No. 723 of 2024 stands disposed of.
However, there shall be no orders as to costs.