syed sharafat hussain vs PUBLIC WORK DEPARTMENT R AND B on 28 October 2026

1. Union territory of Jammu and Kashmir through Commissioner Secretary PWD R&B, Civil Secretariat, Srinagar PIN CODE 190001

2. Home Secretary, Jammu and Kashmir Civil Secretariat, Srinagar PIN CODE 190001

3. Chairman Service Selection Board, Zum Zum building, Rambagh, Srinagar PIN CODE 190005; ..….Respondents By Advocate :- Mr. Syed Musaib, DAG O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the applicant was duly selected for the post of Junior Engineer

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Devendra Tripathi

(Mechanical), Level-6, pursuant to Advertisement Notification No. 06 of 2022, dated 11.11.2022, issued by the Public Works (R&B) Department, Union Territory of Jammu and Kashmir. It is submitted that the applicant applied under the PSP category and, upon completion of the selection process, was included in the final selection list dated 29.01.2024 at Serial No. 162 (Serial No. 153 in the Kashmir Division). However, no appointment order has been issued in his favour till date.

02. Learned counsel further submits that the applicant’s appointment has allegedly been withheld on account of the pendency of verification with the CID Wing of the Jammu and Kashmir Police, despite no adverse material, deficiency, or disqualification having been communicated to him. It is contended that the applicant has submitted several representations before the concerned authorities, but his grievance remains unaddressed.

03. It is further submitted that the delay in verification may be connected with the circumstances of the applicant’s

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Devendra Tripathi parents, who had migrated from Pakistan-occupied Jammu and Kashmir under the policy of the Government of Jammu and Kashmir issued vide Order No. Home 1376 (ISA) of 2010, dated 23.11.2010, when the applicant was a minor. Learned counsel also refers to FIR No. 25/2012, titled State through P/S CIK Srinagar v. Noor Mohammad Mir & Ors., registered under Sections 2/3 of the E&IMCO Act, in which the applicant’s parents were arrayed as accused and were subsequently acquitted by a competent court of law. It is argued that the continued withholding of the applicant’s appointment, without a reasoned decision, is arbitrary and unreasonable and infringes Articles 14 and 16 of the Constitution of India. The applicant, accordingly, seeks a direction to the respondents to complete the requisite verification and issue the appointment order in his favour or, in the alternative, consider his case for provisional appointment, if permissible under the applicable rules.

04. However, after arguing the matter for some time, learned

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Devendra Tripathi counsel for the applicant submits that the ends of justice would be adequately served if a direction is issued to the respondents to treat the present Original Application as a representation and consider the applicant’s claim, in light of the averments made in the Original Application and the documents annexed thereto, strictly in accordance with law and within a stipulated period.

05. Mr. Syed Musaib, learned Deputy Advocate General (DAG), appearing on behalf of the respondents pursuant to advance notice served by learned counsel for the applicant, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

06. Heard learned counsel for the parties and perused the record.

07. Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application

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Devendra Tripathi pending, particularly in view of the limited prayer made on behalf of the applicant.

08. Accordingly, without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant’s claim for completion of the requisite verification and issuance of an appointment order in respect of the post of Junior Engineer (Mechanical), Level-6, pursuant to Advertisement Notification No. 06 of 2022, along with the alternative relief sought, to the extent permissible under the applicable rules. The respondents shall consider the averments made in the Original Application and the documents annexed thereto, strictly in accordance with the applicable recruitment rules, regulations, government instructions, and the law governing the subject, subject to the applicant fulfilling the requisite eligibility conditions and there being no legal impediment to the grant of the relief sought.

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Devendra Tripathi

09. The competent authority shall pass a detailed, reasoned, and speaking order within a period of two weeks from the date of receipt of a certified copy of this order. The applicant shall be afforded an opportunity to participate in the verification process and furnish any further documents or clarification that may lawfully be required. The decision so taken shall be communicated to the applicant within one week from the date of the decision.

10. In the meantime, the respondents shall keep one post of Junior Engineer (Mechanical), Level-6, pursuant to Advertisement Notification No. 06 of 2022, vacant until the aforesaid decision is taken. It is made clear that this direction shall not be construed as conferring any automatic right to appointment upon the applicant.

11. It is also made clear that this Tribunal has not expressed any opinion on the merits of the claims raised in the Original Application, and all questions of fact and law are left open to be considered and decided by the competent authority in accordance with law.

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Devendra Tripathi

12. With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous applications, if any, shall also stand disposed of.

13. There shall be no order as to costs.

14. The Registry shall consign the file to the Record Room after due compliance.

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

28-10-2026 DEVENDRA TRIPATHI

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Devendra Tripathi