AFSHANA ANJUM BABA vs FOREST ENVIRONMENT AND ECOLOGY DEPARTMENT

ITEM 05 1 OA 948 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 948/2026
nd
Date of Order: 02 September, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

1.Afshana Anjum Baba, Age 34 Years
D/o Mubarak Ahmad Baba
R/0 Manzgam Kulgam
Pin Code: 192233;
2. Khuban, Aged 31 Years
D/o Shakeel Ahmad Buch
R/o Buchpora Srinagar
Pin Code: 190020;
3. Shiba Zahoor, Aged 32 Years
D/o Zahoor Ahmad Rather
R/o Buchpora Srinagar
Pin Code: 190020;
4. Bibi Nighaar, Age 31 Years
D/o Qazi Abdul Qadoos,
R/o Tangdar Kupwara
Pin Code: 193225;
5. Basira Mehraj, Aged 28 Years
D/o Mehraj U Din Bhat
R/o Tarigam Kulgam
Pin Code: 192232;
6. Azeem Raja, Age 32 Years
D/o Ghulam Rasool,
R/o Shah Mohalla, Nawab Bazar,
Srinagar; Pin Code: 190001;
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ITEM 05 2 OA 948 OF 2026

……Applicants
By Advocate :
Mr. Bhat Fayaz along with Ms. Aasifa Mughal
VERSUS
1.Union Territory of J&K through its Additional Chief
Secretary to Government, Forest Ecology and
Environment Department Civil Secretariat, Srinagar/
Jammu, Pin Code 190001
Email: -asectf&[email protected]
2.Commissioner Secretary to Government, Forest
Department, Civil Secretariat Srinagar/ Jammu,
Pin Code: 190001; Email:-commsectf&[email protected]
3.Secretary, J&K, Public Service Commission, Solina
Srinagar; Pin Code: 190001;
Email:[email protected]
..….Respondents
By Advocate :-
Mr. Rais Ud Din Ganaie, DAG for R1-R2
Mr. Shah Aamir for R3

O R D E R (ORAL)
JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Before proceeding further, it is revealed from the record
that the applicants have filed M.A. No. 1150/2026 seeking
permission to file a joint application. For the reasons
stated therein, the said M.A. is allowed.
02. Learned counsel for the applicants submits that the post of
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ITEM 05 3 OA 948 OF 2026

Range Officer Grade-I in the J&K Forest Department
(Territorial) was advertised by the Public Service
Commission vide Notification No. PSC/Exam/2018/19
dated 15.03.2018. Pursuant to the said advertisement, the
Public Service Commission conducted the written
examination along with the requisite physical test, in
which the applicants participated and qualified. The
applicants were accordingly selected for appointment to
the post of Range Officer Grade-I vide Selection
Notification No. PSC/Exam/67/2019 dated 20.09.2019
and were placed at various serial numbers in the selection
list on the basis of the merit secured by them in the
selection process. Copies of the advertisement notice and
the selection list have been placed on record as Annexures
A-2 and A-3, respectively.
03. Learned counsel further submits that the inter se seniority
of the selected candidates is required to be determined in
terms of Rule 24 of the J&K Classification, Control and
Appeal Rules and, since the selection in the present case
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ITEM 05 4 OA 948 OF 2026

was conducted by the Public Service Commission, the
merit secured by the candidates in the selection process is
required to be given due consideration for determining
their inter se seniority, subject to the applicable statutory
rules. However, the selection of the applicants could not
culminate in their appointment on account of O.A. No.
5540/2020 filed by certain candidates before this Tribunal.
The said O.A. came to be allowed and the selection list, to
the extent it related to the applicants, was set aside on the
ground that the applicants were allegedly deficient in the
prescribed minimum height of 5 feet 6 inches. The
Tribunal directed the concerned respondents to conduct
the exercise of height measurement, along with the test
mentioned in the advertisement notice, and thereafter
prepare a final select list of candidates fulfilling all the
prescribed eligibility criteria. A copy of the judgment
passed in O.A. No. 5540/2020 has been placed on record
as Annexure A-4.
04. It is submitted that the aforesaid judgment of this Tribunal
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ITEM 05 5 OA 948 OF 2026

was challenged by the applicants before the Hon’ble High
Court by way of WP(C) No. 1757/2021. The said writ
petition was allowed vide judgment dated 06.09.2023 and
the judgment passed by this Tribunal was quashed and set
aside. The said judgment of the Hon’ble High Court was
thereafter challenged by the unsuccessful candidates
before the Hon’ble Supreme Court by way of SLP No.
203669/2023, which came to be dismissed vide order
dated 06.11.2023. Copies of the judgment of the Hon’ble
High Court dated 06.09.2023 and the order passed by the
Hon’ble Supreme Court dated 06.11.2023 have been
placed on record as Annexures A-5 and A-6, respectively.
05. Learned counsel further submits that, pursuant to the
judgment of the Hon’ble High Court and dismissal of the
aforesaid Special Leave Petition by the Hon’ble Supreme
Court, the respondents issued appointment orders in
favour of the applicants vide Government Order No. 208-
JK(FST) of 2024 dated 04.10.2024, whereby the
applicants came to be appointed as Range Officer Grade-I
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ITEM 05 6 OA 948 OF 2026

in the Forest Ecology and Environment Department. A
copy of the said appointment order has been placed on
record as Annexure A-7.
06. It is submitted that the applicants did not fail to join the
post at the relevant point of time, but were prevented from
doing so solely on account of the litigation initiated by
certain candidates and the orders passed during the
pendency thereof. The delay in their appointment was,
therefore, not attributable to any deliberate or intentional
omission on their part. Learned counsel submits that the
applicants were kept out of service on account of
circumstances beyond their control and that, once the
challenge to their selection ultimately failed before the
Hon’ble High Court and the Hon’ble Supreme Court, they
could not be made to suffer the adverse consequences of
the intervening litigation. It is submitted that the principle
that an act of the Court shall prejudice none would
squarely apply to the facts of the present case.
07. Learned counsel submits that the applicants have
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ITEM 05 7 OA 948 OF 2026

accordingly approached the respondents seeking that they
be granted appointment from the date on which their
counterparts, who were selected along with them in the
same selection process, were appointed, i.e. with effect
from 25.11.2019, pursuant to Government Order No. 519-
JK(FST) of 2019 dated 25.11.2019. A copy of the said
Government Order has been placed on record as Annexure
A-8.
08. It is further submitted that the applicants cannot be
deprived of their legitimate service rights merely because
their selection was subjected to judicial scrutiny.
According to the applicants, their merit cannot be made a
casualty of litigation which was not attributable to them.
Learned counsel places reliance upon the judgment of the
Hon’ble Supreme Court in Sanjay Dhar v. J&K Public
Service Commission, decided on 10.10.2000, and submits
that where a duly selected candidate is wrongly denied
appointment and subsequently succeeds in litigation, the
candidate is entitled to appropriate consequential benefits,
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ITEM 05 8 OA 948 OF 2026

including appointment from the date on which he ought to
have been appointed, in accordance with law.
09. Learned counsel submits that, in the present case, the
applicants are not claiming anything beyond the merit
position secured by them in the selection process. It is
submitted that the applicants are not pressing for monetary
benefits for the intervening period, but seek notional
appointment and notional seniority from 25.11.2019,
along with the consequential service benefits flowing
therefrom. According to the applicants, their inter se
position in the select list was determined on the basis of
merit and the subsequent delay in issuing their
appointment orders, occasioned by the litigation, cannot
be permitted to dilute or disturb the merit position secured
by them.
10. Learned counsel further submits that treating the
applicants as juniors merely because their appointment
orders were issued subsequently would result in an
anomalous situation whereby candidates securing lower
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ITEM 05 9 OA 948 OF 2026

merit could gain an advantage over the applicants solely
on account of the intervening litigation. It is contended
that the applicants ought not to suffer for circumstances
beyond their control, particularly when the challenge to
their selection ultimately stood rejected and their selection
was restored by the judgment of the Hon’ble High Court,
which attained finality upon dismissal of the Special
Leave Petition by the Hon’ble Supreme Court.
11. It is also submitted that the applicants have been
continuously pursuing their claim before the respondents
and have submitted representations seeking grant of
notional appointment and seniority from 25.11.2019,
along with consequential service benefits. However,
despite the culmination of the litigation and the
appointment of the applicants in the year 2024, their claim
for notional appointment and seniority has not been finally
considered or decided by the respondents.
12. Learned counsel submits that denial of notional seniority
would have continuing civil consequences for the
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ITEM 05 10 OA 948 OF 2026

applicants, particularly in matters relating to their future
promotion, pay fixation and pensionary benefits. It is
further submitted that the applicants are not seeking actual
monetary arrears for the period during which they
remained out of service and that the limited claim is for
restoration of their service position and parity with the
other candidates selected pursuant to the same selection
process and appointed with effect from 25.11.2019.
13. Learned counsel also submits that the entire selection
process has attained finality upon dismissal of the
challenge by the Hon’ble Supreme Court and that the
subsequent appointment orders issued in the year 2024
cannot be treated as creating a fresh right of appointment
detached from the original selection made in the year
2019. According to the applicants, their claim for notional
appointment and seniority is required to be examined in
the light of their merit position in the original select list,
the applicable statutory rules and the judgment of the
Hon’ble Supreme Court in Sanjay Dhar v. J&K Public
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ITEM 05 11 OA 948 OF 2026

Service Commission .
14. However, after arguing the matter for some time, learned
counsel for the applicants submits that the interests of
justice would be adequately served if the present Original
Application is disposed of with a direction to the
respondents to treat the same as a representation and
consider the grievances and claims of the applicants
regarding grant of notional appointment and seniority with
effect from 25.11.2019, along with the consequential
service benefits claimed by them, together with the
documents annexed thereto, particularly in light of the
judgment of the Hon’ble Supreme Court in Sanjay Dhar
v. J&K Public Service Commission, decided on
10.10.2000 , strictly in accordance with law and within a
stipulated period.
15. Mr. Rais Ud Din Ganaie, learned DAG for respondent
Nos. 1 and 2, and Mr. Shah Aamir, learned counsel for
respondent No. 3, appearing on advance notice, submit
that the present Original Application may be disposed of
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ITEM 05 12 OA 948 OF 2026

with appropriate directions, without prejudice to their
rights and contentions.
16. Having considered the submissions made at the Bar and
perused the material placed on record, this Tribunal is of
the considered opinion that no useful purpose would be
served by keeping the present Original Application
pending, particularly in view of the limited prayer made
on behalf of the applicants.
17. Accordingly, in view of the limited prayer made on behalf
of the applicants, this Tribunal, without expressing any
opinion on the merits of the case or the rival claims of the
parties, deems it appropriate to dispose of the present
Original Application with a direction to the respondents to
treat the same as a representation and consider the
grievances and claims raised by the applicants with regard
to their notional appointment and seniority from
25.11.2019 and the consequential service benefits claimed
by them, along with the documents annexed thereto and
the judgment of the Hon’ble Supreme Court in Sanjay
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ITEM 05 13 OA 948 OF 2026

Dhar v. J&K Public Service Commission , decided on
10.10.2000, to the extent applicable to the facts and
circumstances of the applicants’ case, strictly in
accordance with the applicable rules, regulations and law
governing the field and provided there is no legal
impediment in doing so.
18. The competent authority shall thereafter pass a detailed,
reasoned and speaking order within a period of eight (08)
weeks from the date of receipt of a certified copy of this
order.
19. It is made clear that this Tribunal has not expressed any
opinion on the merits of the claims raised by the
applicants, and all questions of fact and law are left open
to be considered by the competent authority while passing
the aforesaid order.
20. With the aforesaid directions, the Original Application
stands disposed of. Pending miscellaneous application(s),
if any, shall also stand disposed of.
21. No order as to costs.
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ITEM 05 14 OA 948 OF 2026

22. Registry shall consign the record to the Record Room
after due compliance.


PRASANT KUMAR (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)


02-09-2026
DEVENDRA TRIPATHI

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