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Judgment
ORDER
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant O.A., the applicant seeks the following reliefs:
a. Issue an appropriate order or direction commanding the respondents to consider and finalize the case of the
applicant for promotion to the post of Sanitation Officer strictly in accordance with the applicable Recruitment Rules and service regulations from the date he is eligible i.e 01/05/2024.
b. Issue an appropriate direction commanding the respondents to convene the Departmental Promotion Committee for consideration of the applicant's case within a time bound period as may be fixed by this Hon'ble Tribunal and preferably before the applicant attains the age of superannuation.
c. Issue an appropriate direction commanding the respondents to decide the representation dated 12.01.2026 and the subsequent representation-cumreminder dated 24/08/2026 of the applicant by passing a reasoned and speaking order within a stipulated period.
d. Direct the respondents to consider the applicant for appropriate officiating/stop-gap arrangement against the vacant post of Sanitation Officer, pending finalization of the regular promotion process, strictly in accordance with the applicable rules and without prejudice to the rights of any other eligible employee.
e. Direct the respondents not to allow administrative delay attributable to the Department to defeat the applicant's legitimate right of consideration for promotion before his retirement on 31.10.2026.
f. Grant all consequential service and retiral benefits, if any, which may lawfully accrue to the applicant pursuant to such consideration and promotion in accordance with the
applicable rules.
g. Award costs of the present Original Application in favour of the applicant.
h. Pass such other order or direction as this Hon ble Tribunal may deem fit, just and proper in the facts and circumstances of the present case.
What emerges from the pleadings made is that the applicant is a permanent employee of Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura, Srinagar, presently working as Assistant Sanitation Officer. The applicant was initially appointed as Sanitary Monitor vide appointment order dated 12.04.1986 and thereafter continued to serve in different capacities in the Sanitation and Housekeeping establishment of SKIMS.
It is further averred that, during the course of his service, the applicant was promoted as Assistant Sanitation Officer pursuant to Order No. SIMS-169(P) of 2015 dated 24.09.2015, issued on the recommendations of the Junior Selection Committee, SKIMS. As stated, the effective date of his promotion to the post of Assistant Sanitation Officer is 11.02.2015, and he has since continuously served on the said post. The applicant claims to have rendered nearly 40 (forty) years of service in the sanitation
establishment of SKIMS and has acquired vast experience in sanitation, housekeeping, cleanliness and allied administrative functions.
It is stated that vide communication dated 12.03.2025, the respondents issued a tentative seniority list of various categories of staff of the Sanitation and Housekeeping Department as on 01.01.2025, wherein the applicant figures at Serial No. 1 amongst the Assistant Sanitation Officers and, as stated, there is no other Assistant Sanitation Officer placed above him in the said seniority list.
It is further stated that the post of Sanitation Officer fell vacant upon the demise of the then incumbent, namely Shri Shabir Ahmad, who had earlier been holding the charge of Sanitation Officer on a stop-gap arrangement vide Office Order No. 17(P) of 2023 dated 10.02.2023. It is stated that following his demise on 01.05.2024, the applicant was verbally directed by the authorities to look after and discharge the duties and responsibilities attached to the post of Sanitation Officer.
As stated, since 01.05.2024, the applicant has continuously
been discharging the functions attached to the post of Sanitation Officer and has been looking after sanitation, cleanliness, housekeeping and allied arrangements throughout the SKIMS premises, including its internal and surrounding areas.
It is contended that despite the applicant having performed the duties of the higher post, i.e., Sanitation Officer, for more than 02 (two) years, the respondents have neither issued any formal order of promotion in his favour nor finalized his case for promotion through the competent Departmental Promotion Committee (DPC). As stated, the continued entrustment of the higher responsibilities demonstrates that his experience and services have been utilized for discharging the functions of the vacant post.
The short grievance as projected by the applicant in the instant O.A. is that despite his seniority, eligibility and prolonged discharge of the duties of Sanitation Officer, his case for promotion has not been considered by the competent authority.
It is stated that the applicant submitted a detailed representation dated 12.01.2026 before the Director & Ex-Officio
Secretary to the Government of J&K, SKIMS, seeking consideration of his claim for promotion. In the said representation, the applicant highlighted his seniority at Serial No. 1, his long service as Assistant Sanitation Officer and the fact that he had been continuously performing the duties of Sanitation Officer since 01.05.2024. The applicant also brought to the notice of the respondents that he was nearing superannuation and requested expeditious consideration of his case. He further sought an appropriate officiating or stop-gap arrangement against the vacant post till completion of the regular DPC process.
Learned counsel for the applicant submits that the aforesaid representation did not yield any result, and the applicant submitted a fresh representation-cum-reminder dated 24.08.2026, reiterating his earlier request for consideration of his promotion and convening of the DPC. It is stated that the applicant was thereafter informed that the requisite departmental formalities in relation to his promotion had substantially been completed and that the relevant file was pending before the competent authority for further necessary action. However, learned counsel for the
applicant submits no final decision has been communicated to the applicant and the process of consideration of his promotion has continued to remain pending.
Learned counsel for the applicant submits that the DPC is required to be convened periodically and the cases of eligible employees are required to be considered within a reasonable time, and that administrative delay ought not to prejudice the service rights of an eligible employee. He submits that the applicant was born on 04.10.1966 and is due to retire from service on 31.10.2026. Accordingly, the applicant has approached this Tribunal by way of the instant O.A. seeking direction upon the respondents to consider his case for promotion to the post of Sanitation Officer.
Heard.
At the request of learned counsel for the applicant, the O.A. is taken up for its disposal.
The O.A. is disposed of by providing that the respondents shall treat this O.A. as a representation, who shall consider and decide the case of the applicant in accordance with law, keeping in
view the merits of the case and the eligibility and entitlements of the applicant. The respondents, after deciding the case of the applicant for his promotion, shall pass a speaking order within a period of 08 (eight) weeks from the date a certified copy of this Order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits or otherwise of the case.
Accordingly, O.A. No. 992/2026 is disposed of along with all connected M.A.s, if any.