Excelsior Correspondent
JAMMU, Dec 21: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Rajesh Sekhri has dismissed the petition of UT and upheld the judgment of Central Administrative Tribunal which set-aside the impugned order No. 134- Home of 2019 dated 6-2-2019 cancelling the process of selection initiated pursuant to Advertisement Notification No. 539 of 2005 dated 25-8-2005 for the post of Jail Warder.
After hearing Senior AAG Monika Kohli for the UT and Advocates Anuj Dewan Raina, Rajiv Gorkha, Mohd Salim Malik and Mazhar Ali Khan for the respondents, the DB observed, “looking to the plight of candidates, 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 must have crossed the age bar as of now and are still running from pillar to post”.
“It is stated that the 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 Tribunal has not determined the rights of the parties and the only direction was to conclude the process of selection”, the DB said, adding “we do not find any merit in the petitions and the same are, accordingly, dismissed along with connected CMs. The petitioners-authorities are directed to go ahead with the selection process further and conclude the same positively within a period of three months”.
“In the event of selection/appointment of candidates, they shall be entitled to all consequential benefits minus the monetary benefit with effect from 16.09.2013 when SWP No.1953/2013 came to be filed. They, however, shall be entitled to monetary benefits with effect from 1st April, 2024”, the DB said, adding “while concluding the selection process, the petitioners-authorities are expected to take a sympathetic view as the candidates-respondents 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”.
Follow our WhatsApp channel
