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| HC direct State to appoint petitioner as SI in RBA | | | Early Times Report
Jammu, Oct 28: In a petition filed by Waseem Javaid Khan challenging the order issued by respondent No.2 vide his No.368 of 2014 dated 13.02.2014, thereby the claim of the petitioner, for his appointment as Sub Inspector in J&K Armed Police under RBA category, has been rejected.
Justice Sanjeev Kumar after hearing both the sides observed that a person acquires the status of being a resident of backward area by being a resident of that area and having resided there continuously for a period of 15 years. The issuance of the certificate by the competent authority is only a declaration of the status. A person claiming such status can participate in a selection process even on the basis of an under-process certificate issued by the competent authority and the certificate of category issued even after cut off date and before conclusion of the selection is entertainable and such person is given the benefit. The legal position on the point is well settled.
With these observations, High Court allowed the petition with the direction to respondent to issue formal order of appointment in favour of the petitioner as Sub Inspector in the Armed Wing of J&K Police, within a period of two months from the date a certified copy of this order is served upon respondent No.2. The petitioner shall be entitled to his appointment retrospectively with effect from the date the candidates selected along with him were so appointed. The retrospective effect, however shall be on notional basis and the petitioner would be entitled to monitory benefits from the date of issuance of the appointment order. |
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