Jammu and Kashmir High Court
LPA/147/2020 of TARSEM KUMAR Vs UNION TERRITORY OF JAMMU AND KASHMIR TH CHIEF SECRETARY AND OTHERS. on 30 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on 23.12.2022 Pronounced on 30.12.2022 LPA No. 147/2020 (O&M) Tarsem Kumar ...Appellant/Petitioner(s) Through :- Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhirash Sharma, Advocate v/s < Union Territory of J&K and others
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Conclusion
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Reserved on 23.12.2022
Pronounced on 30.12.2022
LPA No. 147/2020 (O&M)
Tarsem Kumar
...Appellant/Petitioner(s)
Through :- Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhirash Sharma, Advocate
v/s
<
Union Territory of J&K and others
.....Respondent (s)
't
Through :- Mr. Rahul Sharma, Dy.AG for Nos. 1 to 5
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGEHON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
JUDGMENT
Per Oswal-J
1. This intra court appeal is directed against the judgment dated 27.03.2019 whereby the writ petition filed by the writ petitioner/appellant was dismissed by the writ court. The case set up by the petitioner before the writ court was that pursuant to the advertisement Notification No. 5 of 2005 dated 11.10.2005, he had applied for the selection to the State/Divisional/District Cadre, Jammu post of Driver under ex-serviceman category. The official respondents conducted the interview of the petitioner for the post of driver under the State Cadre under the said category. The driving test was also conducted. The grievance projected by the writ petitioner/appellant was that the official respondents issued the select list in which no candidate was shown to have been selected under the ex-serviceman category.
Response was filed by the official respondents, in which it has been stated that the writ petitioner/appellant was considered under the ex-serviceman category and he participated in the selection process including driving test and viva voce but writ petitioner/appellant could obtain only 50.33 points in the said category whereas the last selected candidate obtained 52.33 points under open merit/ex-serviceman category and the petitioner being lesser in merit was not selected. Due to discrepancy in the objections filed by the official respondents, a supplementary affidavit was also filed in which it was stated that three candidates, namely, Dewan Chand, Kuldeep Kumar Sharma and Ravi Kumar, who were having 61.33 points, 56.00 points and 52.33 points respectively, were selected under the ex-serviceman category.
Learned Single Judge considered the grievance of the petitioner and dismissed the writ petition vide judgment dated 27.03.2019 and the same has been impugned by the writ petitioner/appellant in the present appeal on the ground that in the fitness of things, learned writ court should have asked for production of record of selection in order to ascertain whether or not any candidate was selected under the ex-serviceman category.
During the course of hearing, Mr. Rahul Sharma, learned Dy.AG representing official respondents, had produced the select list of the candidates for the post of drivers and after perusal of the same, it was found that Dewan Chand, Kuldeep Kumar Sharma and Ravi Kumar figured at serial Nos. 31, 32 and 33 under the ex-serviceman category. At that time, objection was raised by Mr. Abhinav Sharma, learned senior counsel appearing for the appellant that there is nothing on record to demonstrate that they are ex-servicemen as is reflected in the order dated 12.12.2022.
Pursuant to order dated 12.12.2022, Mr. Rahul Sharma, learned Dy.AG produced the relevant documents substantiating that three candidates selected by the official respondents for the post of driver under the ex-serviceman category, were in fact ex-servicemen and after perusal of the record, the same was returned to Mr. Rahul Sharma.
6. As the official respondents have selected the private respondents under the ex-serviceman category duly supported by the documentary evidence, the present appeal is found to be misconceived and the same is dismissed.
(PUNEET GUPTA) (RAJNESH OSWAL)
JUDGE JUDGE Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No JAMMU 30.12.2022 Rakesh