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Judgment
Ali Mohammad Magrey, J
CM No. 3798/2020
For the reasons mentioned in the application, coupled with submissions made at the Bar, the instant application is allowed and the applicant is permitted to file the instant petition without enclosing therewith the requisite Stamp duty, Court fee, attestation of documents, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant, as and when the prevailing lockdown period, announced by the Government, comes to an end.
Disposed of.
WP(C) No. 1401/2020
The petitioners are aggrieved of the online notification dated 02.07.2020 bearing advertisement No. JKB/HRD/Rectt/2020-73 issued by the Respondent No. 3 advertising the posts of Banking Associates for recruitment whereby online registration of application and payment of fee for the said posts was scheduled from 02.07.2020 to 24.07.2020 to the extent of mentioning the revised pay scale of post qua reservation of ex-servicemen to the extent of 6% (Horizontal Reservation) as per reservation policy of the Government of Jammu and Kashmir. Mr Arif Sikander, learned counsel for the petitioners submits that the benefit of reservation rules notified in the year 2004 has been applied to the Union Territory of Jammu and Kashmir by the Respondent-Bank for this recruitment process which is evident from Clause 8 of the advertisement notice. Mr Arif, learned counsel further submits that though reservation benefit is made available to Ex-servicemen but they are deprived because of the revised pay scale as mentioned which is more than prescribed pay scale of Rs. 10,500/-. He further submits that pay scale qua reservation of ex-servicemen was in terms of 5th pay commission and the pay scale has been revised twice since then in terms of 6th and 7th pay commission. Learned counsel further submits that Government of Union Territory of J&K has not processed the amendment in the pay scale qua revision of pay which prejudices the right of the petitioners. He further submits that all the selection authorities of the UT of Jammu and Kashmir while issuing notification for advertisement of posts, are mentioning the pre-revised pay scale qua entitlement of ex-servicemen, as has been done by the J&K Service Selection Board while advertising the post of Accountant Assistant (Panchayat) in Department of Rural Development & Panchayati Raj, in terms of Advertisement No. 02 of 2020 dated 06.07.2020.
Prima facie it appears that the respondent Bank has mutatis mutandis applied reservation rules of the UT to the recruitment process qua Ex-servicemen also but there is no protection of the pay scale by mentioning revised which amounts to depriving the petitioners to the extent of 6% (horizontal reservation)
Notice in the main petition as well as in connected CM returnable within a period of one week. Objections by or before next date of hearing with copy advance to other side.
List again on 28th of September, 2020.
Meanwhile, the Respondent-Bank is directed to open on line registration of applications for the petitioners for four days starting from tomorrow i.e. 22nd of September, 2020, to enable the petitioners to submit the application forms on their own risk and responsibility same shall be subject to further orders of this Court. Registry to send copy of this order to the counsel appearing for the Respondent-Bank copy whereof shall also be furnished to the counsel for the petitioners through e-mail.