JKSSB Legal Assistant Posts CAT Decision

JKSSB Legal Assistant Posts CAT Decision 

Petition Challenging Selection Process of JKSSB Legal Assistant Posts has been dismissed by CAT Srinagar. 

JKSSB free to go ahead with the Selection Process.

JKSSB Legal Assistant Petition Dismissed by CAT Srinagar - Operative Part of the Judgement -

 

In view of the above and the direction passed by the Hon’ble High Court, the matter was heard at length. We see that the respondents have given a clear explanation and they had issued the advertisement in 2020 but with the promulgation of the new rules in 2021 they had issued a request letter to JKSSB to withhold the selection process till they are re-calculating the vacancy position.

 

It is after the necessary re-calculation by the respondent-department that another communication dated 01.9.2021 was sent and the revised vacancy position was informed to the JKSSB and after confirming that only 50% of the cadre strength is being advertised of the UT cadre that the JKSSB was requested to continue with the selection process. The written examinations were held on 17.03.2022,however, the results are withheld.

 

The counter affidavit was filed on 17.08.2022. It is noted that on 21.03.2022 this Tribunal had granted the applicants an opportunity to file their rejoinder within a period of two weeks, but they have not availed of the same and thus failed to controvert the statement made by the respondents in the counter affidavit and also to place on record any other documents to show that the posts which are advertised actually pertain to district cadre and not to the UT cadre.

 

The applicants admittedly are of the feeder cadre and officers of the district cadre and they would not be concerned with the direct recruitment if it is made in the UT cadre. Therefore, there is no cause of action available to them to challenge the said recruitment. 

 

The posts advertised belong to UT cadre and do not affect the promotional chances of the applicants. In view of the above discussion, the OA stands dismissed. Pending MAs, if any, also stand closed. No costs.