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Judgment
O R D E R
Shri Ram Mohan Johri, Administrative Member
Miscellaneous Application No. 1383/2026
The present Miscellaneous Application filed by the applicants under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987, seeking permission to join and pursue the Original Application collectively, is allowed.
Original Application No. 1315/2026
This is an Original Application filed by the applicants under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i.Allow the instant application of the applicant along with costs;
ii.Direct the respondents to consider the Junior Assistants for promotion to the post of Senior Assistant strictly in accordance with the criteria prescribed by the recruitment rules i.e. Jammu and Kashmir Engineering (Subordinate) Service Recruitment Rules, 1997;
iii.Direct the respondents to not to ignore senior Junior Assistants for promotion to the post of Senior Assistant on the ground that they have not qualified the Secretariat Assistants Training Course examination;
iv.Direct the respondents to abide by and implement the judgment dated 10.07.2025 passed by this Hon'ble Tribunal in O.A. No:1241/2023 titled Jagmeet Singh & Ors vs. Union Territory of J&K & Ors and to consider the applicants for promotion to the post of Senior Assistant strictly as per their seniority;
Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the applicants and against the respondents.”
The applicants, working as Junior Assistants in the Jal Shakti Department, seek consideration of their claim for promotion to the post of Senior Assistant without insisting upon qualification of the Secretariat Assistants Training Course. Their grievance stems from Government Order No. 318-JK(GAD) of 2021 dated 08.04.2021, insofar as the said Government Order prescribed such qualification as a condition for promotion, notwithstanding that Clause 4 thereof has subsequently been quashed by this Tribunal vide judgment/order dated 10.07.2025 passed in O.A. No. 1241/2023, titled Jagmeet Singh & Ors. v. Union Territory of J&K & Ors. The applicants, therefore, seek consideration of their claim for promotion in the light of the aforesaid judgment and in accordance with the rules governing their service.
Learned senior counsel appearing for the applicants Mr. Rahul Pant, assisted by Mr. Dhruv Pant, learned counsel appearing for the respondents Mr, Rajesh Thappa, learned Additional Advocate General, and Mr. Amit Gupta, learned senior counsel, assisted by Mr. Sumit Moza, appearing for the private respondents, as mentioned in M.A. No. 1385/2026, seeking their impleadment, have been heard.
With the consent of learned counsel for the parties, the Original Application is taken up for final disposal at this stage. Having regard to the nature of the controversy involved, the respondents are directed to consider the case of the applicants for promotion from the post of Junior Assistant to the post of Senior Assistant strictly in accordance with the Jammu and Kashmir Engineering (Subordinate) Service Recruitment Rules, 1997 issued by the Public Works Department vide SRO 180, dated 26.05.1997, and in the light of the ratio laid down by this Tribunal in Jagmeet Singh & Ors. v. Union Territory of J&K & Ors., O.A. No. 1241/2023, pronounced on 10.07.2025.
The competent authority shall pass an appropriate order upon such consideration, in accordance with law, within a period of six weeks from the date a certified copy of this order is served upon the official respondents.
In view of the aforesaid directions, the Original Application stands disposed of, along with all pending Miscellaneous Applications. There shall be no order as to costs.