Jammu, Nov 29: In O.A./1206/2024 (JAMMU) titled ABHISHEK KHAJURIA Vs RURAL DEVELOPMENT DEPARTMENT after hearing CAT ordered as under;-
1. The instant petition has been filed by ld. Sr. Counsel for the applicants with following relief:
a. Quash order No. 358-SSB of 2024 dated 22.10.2024 passed by respondent no. 2, whereby and whereunder the case of the applicants pursuant to the judgment dated 29.08.2024 passed in OA no. 396/2024 for offering the districts of preference of the applicants, which were denied to the applicants at the time of their selection and appointment and were allotted to more meritorious candidates on the ground of merit cum preference and which districts have fallen vacant on account of non joining of those candidates to whom those districts were allocated on account of their higher merit and are being offered to less meritorious wait listed candidates by ignoring the preferential right of the applicants being more meritorious than the wait listed candidates to whom those districts have been allocated;
b. quash the waiting list issued by respondent no. 2 through the medium of order No. JKSSBScry/3/2024-03 (E-7402474) dated 29.10.2024, to the extent and to the effect it allocates districts vacated by those candidates to whom those districts were allocated on account of their higher merit and were denied to the applicants on account of their lower merit despite having preferred those districts and on account of non joining of the candidates who were more meritorious, the said districts have been allocated to the private respondents i.e. the wait listed candidates who are being appointed on account of non joining of better meritorious candidates and to the extent in the aforesaid waiting list those districts have been denied to the applicants despite being more meritorious than the private respondents (wait listed candidates);
c. direct the respondents no. 1 & 2 to offer the districts which have fallen vacant on account of non joining of better meritorious candidates, to the applicants being more meritorious than the wait listed candidates on the basis of merit cum preference and as per the judgement dated 29.08.2024 passed by this Tribunal in the earlier OA bearing No. 936 of 2024 filed by the applicants.
CAT added that we are of the view that the applicant has made out a, prima facie, case for interim relief.
Accordingly, the respondent/SSRB is directed to consider the case of the applicant in light of judgement dated 19.11.2024 passed in WP(C) 2522/2024 case titled Umar Ali Wani & Ors. vs. UT of J&K and Anr. by the Hon’ble High Court of J&K and Ladakh at Srinagar and to appoint the applicants by taking their choice against the vacant post and before operating the waiting list.
List this case on 24.12.2024.
In the meanwhile, learned counsels for the respondents are directed to file the reply
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