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| DB upholds CAT order of setting-aside cancelling selection of jail warder | | | Early Times Report
JAMMU, Dec 21: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Tashi Rabstan and Justice Rajesh Sekhri dismissed the petition of UT and uphold the judgment of Central Administrative Tribunal whereby CAT set-aside the impugned order No. 134- Home of 2019 dated 6-2-2019 passed by Principal Secretary to Government, Home Department, Government of J&Ks cancelling the process of selection initiated pursuant to Advertisement Notification No. 539 of 2005 dated 25-8-2005 for the post of Jail Warder.
DB after hearing Sr. AAG Monika Kohli for the UT whereas Advocates Anuj Dewan Raina, Rajiv Gorkha, Mohd. Salim Malik and Mazhar Ali Khan for the respondents, observed that looking to the plight of candidates-respondents herein, one cannot expect such an apathy from the Government or the Police Department or the petitioners-authorities herein that the 73 posts of Warders advertised in August 2005 have still not been filled up even after a lapse of more than eighteen years, least bothering that all the candidates-respondents herein must have crossed the age bar as of now and are still running from pillar to post, still with a fading hope and advancing age that they would be selected and appointed against those posts to meet both ends needs of their families. It is stated that the said posts have now risen to more than 416 and all are still lying vacant. Further, before concluding, it is to be seen here that the learned Tribunal has not determined the rights of the parties and the only direction was to conclude the process of selection.
DB do not find any merit in the petitions and the same are, accordingly, dismissed along with connected CMs. The petitioners-authorities herein are directed to go ahead with the selection process further and conclude the same positively within a period of three months from the date a certified copy of this judgment is made available to them against proper receipt. In the event of selection/appointment of candidates-respondents herein, they shall be entitled to all consequential benefits minus the monetary benefit with effect from 16.09.2013, i.e., when SWP No.1953/2013 came to be filed. They, however, shall be entitled to monetary benefits with effect from 1st April, 2024. While concluding the selection process, the petitioners-authorities are expected to take a sympathetic view as the candidates-respondents herein must have crossed the age bar and have no scope to get another job as the posts were advertised in the year 2005 as also that the adhoc Warders have already been regularized by the authorities, besides the posts have also been increased to many fold.
—JNF |
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