Bilal Ahmad Kak & Ors. vs Union Territory Of J&K & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

Before proceeding further, it is noticed from the record that the applicants have filed MA No. 1431/2026 seeking permission to file a joint Original Application. For the reasons stated therein, the said miscellaneous application is allowed.

Learned counsel for the applicants submits that the applicants were initially engaged as daily-rated workers/PDLs-TDLs (DRWs) in the erstwhile Power Development Department and continued to discharge their duties in the Department. Their cases, along with those of other similarly situated employees, were considered for Central Administrative Tribunal^{regularization by the Departmental Promotion Committee} (DPC) in its meetings held on 29.07.2017 and 14.03.2018. However, while the regularization orders in respect of certain eligible employees were issued in 2018, the applicants’ cases could not be finalized at that stage on account of the requirement of obtaining relaxation from the prescribed age/qualification bar from the competent authority.

Learned counsel further submits that the aforesaid position is reflected in the order dated 04.12.2018, bearing No. C/MRE/172 of 2018, and the communication dated 27.12.2018, bearing No. CE/M&RE/37697-37700/DPC, issued by the Chief Engineer, M&RE. It is contended that the said communication records the decision of the DPC to seek the requisite relaxation in respect of PDLs/TDLs whose cases could not be finalized owing to the prescribed age/qualification criteria. The applicants’ cases, therefore, remained pending for want of the requisite relaxation and were not rejected on account of Central Administrative Tribunal^{any adverse finding regarding their eligibility or} suitability.

Learned counsel submits that, after completion of the requisite formalities and grant of the necessary relaxation by the competent authority in October 2022, the applicants were regularized in the regular cadre vide Order No. CE/D/KPDCL/172 of 2022, dated 13.10.2022. However, their regularization was made effective prospectively from the date of issuance of the said order.

It is further submitted that similarly situated daily-rated workers of the Jammu Division, whose cases had also required relaxation of the prescribed age/qualification bar, were subsequently regularized vide Order No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022, with notional effect from 15.07.2019, while monetary benefits were allowed prospectively. Learned counsel contends that the applicants are similarly situated to the employees covered by the aforesaid order and that the respondents ought to have considered their claim for notional Central Administrative Tribunal^{regularization from an appropriate anterior date,} particularly in view of the DPC proceedings held on 29.07.2017 and 14.03.2018 and the subsequent grant of relaxation in their favour.

It is accordingly contended that restricting the applicants’ regularization to the date of issuance of the order dated 13.10.2022, without considering their claim for notional regularization and consequential service benefits, amounts to differential treatment of similarly situated employees. The applicants, therefore, seek consideration of their claim for notional regularization with effect from the respective dates of consideration of their cases by the DPC, or from such other anterior date as may be permissible under the applicable rules, along with consequential benefits, particularly for the purposes of seniority and other service benefits, on the same analogy as adopted in respect of similarly situated employees of the Jammu Division under Order No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022. Learned counsel further Central Administrative Tribunal^{submits that, despite representations dated 16.06.2026 and} 31.08.2026, the applicants’ claim has not been decided by the respondents.

However, after arguing the matter for some time, learned counsel for the applicants submits that the ends of justice would be adequately served if a direction is issued to the respondents to treat the present Original Application as a representation and consider the applicants’ claim for notional regularization from the appropriate anterior date, along with consequential service benefits, including seniority, in light of the DPC proceedings dated 29.07.2017 and 14.03.2018, the subsequent relaxation granted in their favour, their regularization order dated 13.10.2022, and the treatment accorded to similarly situated employees of the Jammu Division under Order No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022 (Annexure A-4, page 66 of the Original Application), strictly in accordance with law and within a stipulated period.

Central Administrative Tribunal^{08.Mr. Satinder Singh, learned Additional Advocate General,} vice Mr. Rais Ud Din Ganaie, DAG appearing pursuant to the advance notice served by learned counsel for the applicants, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

Heard learned counsel for the parties and perused the record.

Having considered the submissions made at the Bar and 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.

Accordingly, without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicants’ claim for notional regularization from the appropriate Central Administrative Tribunal^{anterior date, together with consequential service benefits,} including seniority, in light of the DPC proceedings dated 29.07.2017 and 14.03.2018, the relaxation subsequently granted in their favour, the regularization order dated 13.10.2022, and the treatment accorded to similarly situated employees of the Jammu Division under Order No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022 (Annexure A-4, page 66 of the Original Application). The respondents shall examine whether the applicants are similarly situated to and entitled to parity with the employees covered by the aforesaid order and shall consider their claim strictly in accordance with the applicable service rules, regulations, government instructions, and the law governing the field, subject to the applicants fulfilling the requisite eligibility conditions and entitlement and there being no legal impediment in doing so.

The competent authority shall pass a detailed, reasoned, and speaking order within a period of twelve weeks from Central Administrative Tribunal^{the date of receipt of a certified copy of this order.}

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 and decided by the competent authority in accordance with law.

With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous applications, if any, shall also stand disposed of.

There shall be no order as to costs.

The Registry shall consign the file to the Record Room after due compliance.