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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
In view of the grounds stated in the application seeking condonation of delay in filing O.A./991/2026, the delay is condoned. Accordingly, the M.A./1202/2026 is allowed and stands disposed of.
The M.A./1203/2026, (seeking joint application) is allowed.
The case of the applicants as projected in the O.A. is that they are long-serving Technician G-I employees of SKIMS, who entered service under the earlier recruitment regime on the basis of technical/diploma qualifications and acquired eligibility for promotion to the post of Technologist under the Recruitment Rules of 1998 r/w amendments made in 2014. Under the said Rules, the ordinary promotional channel to Technologist from Technician Gr-I was based upon the prescribed qualifying service and did not make B.Sc. an essential qualification for the applicants' promotional avenue.
Learned counsel for the applicants submits that, despite the applicants having completed, the requisite qualifying service and vacancies being available, their cases were not considered for promotion and they were not granted even I/C/officiating promotion. At the same time, similarly situated diploma-holding employees, including Hakim Imran Showkat and Dar Gulzar Ahmad, were given I/C arrangements as Technologists G-II from 30.03.2021 and 01.12.2022 respectively and were subsequently regularized vide Office Order No. SKIMS-122(P) of 2025 dated 27.05.2025 with retrospective effect. Although, the applicants do not challenge their promotions, but rely upon their treatment to demonstrate the differential treatment suffered by the applicants.
It is stated in O.A. that, with the coming into force of S.O. 29 of 2025 dated 23.01.2025, the revised Recruitment Rules introduced the B.Sc. qualification for promotion to Technologist G-II. The applicants, being diploma holders, are now apprehensive of being excluded from the forthcoming DPC, while later appointed/junior employees possessing B.Sc. are likely to be considered. The applicants further submit that applying the new qualification to them, without any transitional protection, would effectively extinguish their promotional avenue despite their long service and earlier eligibility.
Learned counsel for the applicants further submits that, the hardship caused by the amendment has itself been recognized by the respondents. The DPC held in March/April 2025 recommended one-time relaxation of the prescribed qualification, and HME Department, vide communication dated 20.11.2025, called for a consolidated proposal for consideration by the Competent Authority. The proposal concerning the applicants remains pending without approval or rejection. Meanwhile, with approximately 4-5 vacancies available and a DPC likely to be convened in the first week of September 2026, hence, the applicants apprehend that filling the vacancies under the new Rules would render their pending claim and relaxation proposal infructuous, causing serious and irreversible prejudice. Hence this O.A.
Through the medium of the instant petition the applicants seek for the following reliefs-
a)Quash/set aside the relevant provision of S.O. 29 of 2025 dated 23.01.2025 (Clause III of Technical Staff of Lab/Medical/Theatre/Radiation Group), to the extent it provides the qualification for promotion to Technologist G-II as 100 % by promotion from respective Class-IV possessing B.Sc. in respective technologies and its application to the existing diploma holding Technician G-I employees i,e the applicants in a manner that completely extinguishes their promotional avenue, without providing any reasonable transitional protection or relaxation.
b)Direct the Respondents to consider the Applicants for promotion to the post of Technologist Grade-II, Level-6D (35,800-1,13,200) from the date it was due to them along with all the consequential benefits and from the date same was granted to their batch mates in accordance with the promotional eligibility acquired by them under the earlier Recruitment Rules, or in the alternative, direct the Competent Authority to consider and grant one-time relaxation/exemption from the newly prescribed B.Sc. qualification in favour of the Applicants.
c)Direct the respondents to take a reasoned and final decision on the pending proposal for one-time relaxation of the B.Sc. qualification in favour of the applicants within a time-bound period, and thereafter consider their cases for promotion in accordance with law.
d)Pass such other or further order(s) as this Hon'ble Tribunal may deem just, equitable and proper in the facts and circumstances of the case.
Learned counsel for the applicant argued the matter at length and submitted that the applicant would be satisfied if the present O.A. is treated as a representation and the respondents are directed to consider and decide the same within a stipulated time frame, in light of the averments made therein, along with the documents annexed and the law applicable in the instant case.
Learned counsel for the respondents, Mr. Rasi ud din Ganaie, DAG, vice Mr. Syed Musaib, DAG, submits that, without prejudice to their rights and contentions, the respondents have no objection if the present O.A. is treated as a representation and is disposed of in terms of the submissions advanced on behalf of the petitioner.
Heard learned counsel for the parties.
Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.
Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to respondents to treat this O.A. as representation and to accord due consideration to the assertions made therein, as well as the applicant’s claim, particularly raised in representation, (page 107 of the O.A.), in light of the law holding the field and subject to the entitlement and eligibility of the applicant as well as other applicable conditions and rules and regulations, till then the respondents shall not move forward to convene Departmental Promotion Committee for consideration of for filling up the Post of Technologist Grade-II, Level-6D, for promotion. Further, if there is no impediment.
Respondents shall also take into consideration the documents annexed with the O.A. while according such consideration.
The said exercise shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order, by passing a comprehensive reasoned, speaking, and detailed order.
It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority, in accordance with law.
Accordingly, O.A. No. 991/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs.
Consign the file to the Record Room, after due compliance.