Hamidullah Bhat vs D/o Youth Services & Sports Ut Of J&k on 28 October 2026

1. Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government, Technical Education, Youth Services & Sports Department, Civil Secretariat, Srinagar/Jammu.

2. Director General, Youth Services & Sports, Jammu & Kashmir, J&K.

3. District Youth Services & Sports Officer, Rajouri, Jammu & Kashmir.

4. Secretary, Jammu & Kashmir Services Selection Board, Srinagar/Jammu. ..….Respondents

By Advocate :- Mr. Syed Musaib, DAG

giv.in Reason: I am the author of this document Location:

Devendra Tripathi

O R D E R (FINAL)

HON’BLE MR. PRASANT KUMAR, MEMBER (Admn.)

01. The present Transfer Application arises out of the writ proceedings instituted by the applicant before the Hon’ble High Court of Jammu and Kashmir as SWP No. 2531 of 2018, whereby the applicant, having been appointed as Physical Education Teacher (PET) in District Cadre Rajouri, pursuant to Advertisement Notification No. 06 of 2008 dated 21.05.2008, seeks consequential service benefits on the ground that his appointment ought to have been given effect from the date on which the other candidates were selected pursuant to the same selection process and were appointed. Accordingly, the applicant has sought the following reliefs:–

i. Writ in the nature of Mandamus commanding the respondents to give effect to the appointment order from the date the order has been issued in favour of the other candidates who stand selected and appointed in terms of Notification No. 06 of 2008 dated 21.05.2008, published on 26.02.2010.

ii. Writ in the nature of Mandamus commanding the giv.in Reason: I am the author of this document Location:

Devendra Tripathi respondents to pay the salary/wages to the petitioner as are paid to other candidates and give notional increments to the petitioner.

iii. Writ in the nature of Mandamus commanding the respondents to pay compensation to the petitioner for causing great financial loss to the petitioner and causing mental agony to the petitioner, and further, the litigation charges incurred by the petitioner be awarded to the petitioner.

02. The SWP No. 2531 of 2018 was transferred to the Jammu Bench of Central Administrative Tribunal by the Hon’ble High Court of Jammu and Kashmir and Ladakh vide order dated 14.8.2020 and numbered as TA No. 62/8660/2018. The same was listed before the Jammu Bench on 18.2.2021 and before this Bench on 14.2.2022. The applicant seeks, inter alia, grant of consequential service benefits with effect from the date on which other candidates selected pursuant to Advertisement Notification No. 06 of 2008 were appointed. The applicant was ultimately appointed as Physical Education Teacher (PET) in District Cadre Rajouri vide order dated 10.04.2018.

03. The factual background, in brief, is that the respondents had issued Advertisement Notification No.

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06 of 2008 dated 21.05.2008 inviting applications for various posts of Physical Education Teachers, including posts in District Cadre Rajouri. The applicant participated in the selection process but was initially not selected. He subsequently approached the Hon’ble High Court through the medium of SWP No. 508/2010, titled Hamidullah Bhat v. State & Ors.

04. The Hon’ble High Court, vide order dated 11.04.2011, passed in the aforesaid writ petition, declined to interfere with the selection already made, observing that it would not be appropriate to quash the selection of any candidate. However, the applicant’s case was directed to be considered if any post was vacant and yet to be filled, after examining his certificate relating to participation in the national event and if found within the merit zone within the stipulated period.

05. Pursuant to the aforesaid directions, the Services Selection Board considered the applicant’s claim and passed Order No. 128-SSB of 2011 dated 21.07.2011.

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The applicant thereafter instituted contempt proceedings, vide contempt petition no. 334 / 2011, wherein the Hon’ble High Court directed reconsideration of the matter. On such reconsideration, and after taking into account the applicant’s participation in the National Taekwondo Championship, 2004, the applicant was found to have secured 40.09 points, which were higher than the points secured by the last selected candidate under the Open Merit category for Advertisement Notification No. 06 of 2008.

06. Consequently, the Services Selection Board passed Order No. 46-SSB of 2013 dated 22.02.2013 recommending the applicant for appointment against any vacant/unfilled post under Advertisement Notification No. 06 of 2008, subject to the conditions recorded therein. The record further shows that the Directorate General, Youth Services & Sports, subsequently informed the Administrative Department giv.in Reason: I am the author of this document Location:

Devendra Tripathi that no vacancy of Physical Education Teacher for the year 2008 was available in District Cadre Rajouri, though one vacancy had become available on account of the resignation of Shri Mohammad Rayees on 19.04.2011.

07. The recommendation of the Services Selection Board was, however, not accepted by the Administrative Department at that stage. Vide Government Order No. 23-Edu(Tech) of 2013 dated 24.01.2014, the claim of the applicant for appointment against the select list of the year 2008 was rejected on the ground that the said select list stood exhausted and that the recommendation of the Services Selection Board was in excess of the referred vacancies.

08. Aggrieved of the aforesaid rejection, the applicant again approached the Hon’ble High Court. In the proceedings arising therefrom, the Hon’ble High Court, vide order dated 09.06.2015, directed the respondents to consider the claim of the applicant for appointment giv.in Reason: I am the author of this document Location:

Devendra Tripathi in terms of the communication dated 27.09.2013, on the basis of the merit already determined. The matter thereafter remained under consideration before the concerned authorities. The record reflects that the Department of Law, Justice and Parliamentary Affairs opined that, the applicant being higher in merit, the Department was advised to implement the judgment dated 09.06.2015. The matter was thereafter processed for compliance with the directions of the Hon’ble High Court.

09. Eventually, the applicant came to be appointed as Physical Education Teacher in District Cadre Rajouri under Advertisement Notification No. 06 of 2008, under Open Merit category, vide order No. DG- YSS/Estt/445-48 dated 10.04.2018, against the vacancy caused due to the resignation of Shri Mohammad Rayees, who had earlier been appointed against the selection list issued by the Services Selection Board.

10. The grievance of the applicant in the present giv.in Reason: I am the author of this document Location:

Devendra Tripathi proceedings is essentially that, having regard to the merit subsequently determined in his favour and the long litigation pursued by him for securing appointment, he ought to have been granted the benefit of appointment from the date on which the other candidates selected under the same notification were appointed, together with consequential seniority and other service benefits.

11. The respondents, in their objections, have contested the claim of the applicant. According to them, the applicant was not initially selected and was ultimately appointed only on 10.04.2018. It is contended that the applicant cannot claim retrospective seniority or service benefits from a date on which he was not borne on the cadre. Reliance has, inter alia, been placed upon Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and the judgments governing determination of seniority with reference to the date of first appointment.

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Devendra Tripathi

12. The case was listed for hearing before this Bench and on 24.7.2026, the Ld. Counsel for the respondents raised an objection with regard to the territorial jurisdiction of this Bench to entertain the matter in question. According to the Ld. Counsel for respondents, the instant matter was required to be heard by the Jammu Bench of Central Administrative Tribunal. However, this contention of the Ld. Counsel for the respondents was objected to by the Ld. Counsel for the applicants with the argument that such objection was required to be raised at the very outset; that the selection of the applicant was made by J&K Service Selection Board, Jammu and Kashmir; that all subsequent actions have been taken by higher authorities of Jammu and Kashmir and Jammu and Kashmir Services Selection Board and that Jammu Bench of Central Administrative Tribunal, after due consideration, has transferred the instant case to this Bench.

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Devendra Tripathi

13. Before entering into the merits of the rival claims in the matter, question of territorial jurisdiction of this Bench needs consideration.

14. The record before us bring out that the applicant seeks service benefits in relation to his appointment as Physical Education Teacher against a post belonging to District Cadre Rajouri and the relevant selection itself was for the said District Cadre. It is further borne out from the record that the Services Selection Board, Jammu, issued Order No. 46-SSB of 2013 dated 22.02.2013 recommending the applicant’s name for appointment to the said post. The material placed on record also includes the selection list for the post of Physical Education Teacher, District Cadre Rajouri, issued by the Directorate General, Youth Services & Sports, Jammu.

15. Likewise, the decision whereby the recommendation of the Services Selection Board was declined was issued by the Technical Education/Youth Services & Sports giv.in Reason: I am the author of this document Location:

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Department, Government of Jammu and Kashmir, Civil Secretariat, Jammu. The said order specifically dealt with the applicant’s claim for appointment as Physical Education Teacher in District Cadre Rajouri against the select list of the year 2008.

16. The record further discloses that the vacancy against which the applicant was ultimately appointed was a vacancy in District Cadre Rajouri, caused by the resignation of an earlier appointee who had been selected in pursuance to the same recruitment process. The appointment order dated 10.04.2018 also specifically appointed the applicant as Physical Education Teacher in District Cadre Rajouri under Advertisement Notification No. 06 of 2008.

17. Thus, the post in question is a District Cadre Rajouri post, and the selection, recommendation, consideration of the applicant’s claim, rejection thereof and eventual appointment are all directly connected with the said cadre and with authorities functioning at Jammu in giv.in Reason: I am the author of this document Location:

Devendra Tripathi relation to the recruitment and appointment process.

18. Rule 6(i) of the Central Administrative Tribunal (Procedure) Rules, 1987, governs the place of filing / hearing with reference to territorial jurisdiction and reads as below –

6. Place of filing applications

(1) An application should ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction –

(i) the applicant is posted for the time being, or

(ii) the cause of action, wholly or in part, has arisen; Provided that with the leave of the Chairman the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 25, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.

19. Having regard to Rule 6(i) of the Central Administrative Tribunal (Procedure) Rules, 1987, and the location of the District Cadre post involved and the giv.in Reason: I am the author of this document Location:

Devendra Tripathi material facts emerging from the record, we are of the considered view that the matter falls within the territorial jurisdiction of the Jammu Bench of the Central Administrative Tribunal.

20. It is also relevant to observe that the above finding is confined to the question of territorial jurisdiction only. Since the jurisdictional issue itself is determinative of the appropriate forum, it would not be proper for us to express any opinion on the merits of the applicant’s claim for retrospective appointment, seniority, arrears of salary, notional increments or any other consequential service benefits.

21. The merits of the applicant’s claim, inter-alia, including the effect of the orders passed by the Hon’ble High Court, the recommendation made by the Services Selection Board, the subsequent appointment of the applicant on 10.04.2018, the applicability of Rule 24 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and the judgments giv.in Reason: I am the author of this document Location:

Devendra Tripathi relied upon by the respondents, are therefore left open for consideration by the Jammu Bench of Central Administrative Tribunal.

22. In view of the foregoing discussion, and having regard to Rule 6(i) of the Central Administrative Tribunal (Procedure) Rules, 1987, the present Transfer Application is required to be placed before the Jammu Bench of Central Administrative Tribunal. Accordingly, without expressing any opinion on the merits of the controversy, the Registry is directed to transmit the complete record of the present Transfer Application, including all connected Miscellaneous Applications, to the Central Administrative Tribunal, Jammu Bench, for consideration and disposal in accordance with law.

(PRASANT KUMAR) Member (Admn.) (JUSTICE RITU TAGORE) Member (Judl.)

28.10.2026 DEVENDRA TRIPATHI

giv.in Reason: I am the author of this document Location:

Devendra Tripathi