Mustafa Kamal & Ors. vs Union Territory Of Ladakh & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The case of the applicants as projected in the O.A. is that they were appointed as Junior Engineers (Electrical) in the Power Development Department in the year 2009 and have rendered more than seventeen years of service. Consequent upon the re-organisation, their services were allocated to the Union Territory of Ladakh.

It is submitted in O.A. that under the applicable Engineering Service Rules, diploma-holder Junior Engineers are entitled to be considered for promotion to the post of Assistant Engineer against their prescribed quota. Several senior diploma-holder Junior Engineers have already been placed as In-Charge Assistant Engineers, and the applicants are amongst the next senior-most eligible Junior Engineers.

It is averred in the O.A. that the grievance of the applicants assumes significance in view of the fact that eligible diploma-holder Junior Engineers senior to the applicants have already been extended the benefit of placement/promotion as In-Charge Assistant Engineers. The applicants, being diploma-holder Junior Engineers of the 2009 batch, have rendered more than seventeen years of continuous and unblemished service on the post of Junior Engineer and are amongst the remaining senior-most eligible Junior Engineers awaiting advancement to the next higher post. Despite their long service, requisite technical experience and eligibility, the applicants continue to stagnate on the post of Junior Engineer without any advancement in their service career, while similarly situated and senior Junior Engineers have already been granted placement/promotion as In-Charge Assistant Engineers. It is further averred that several posts of Assistant Engineer, which were earlier earmarked for direct recruitment, have remained vacant after the process of direct recruitment was recalled, and further vacancies in the cadre of Assistant Engineer have either arisen or are likely to arise, thereby creating sufficient promotional avenues for eligible Junior Engineers, including the applicants. Thus, despite the availability of promotional avenues and vacancies in the cadre of Assistant Engineer, the applicants have been deprived of due consideration for placement/promotion to the next higher post, and such continued denial of consideration, notwithstanding their seniority, eligibility, long service and availability of vacancies, has resulted in prolonged and unjustified stagnation, causing serious prejudice to the applicants.

Learned counsel for the applicants submits that the aforesaid inaction on the part of the respondents is contrary to the express mandate of Clause 7(4)(ii) of S.O. 109 dated 20.03.2020, which specifically provides that the promotion quota vacancies shall be filled up by the department from amongst the existing employees as on the appointed date, in accordance with the rules and regulations prevalent in the department. The applicants, being existing employees and eligible diploma-holder Junior Engineers, are entitled to have their cases duly considered against the available and arising vacancies in accordance with the prescribed promotional quota and the applicable service rules. The respondents cannot, on the one hand, keep the available posts of Assistant Engineers vacant after recall of the direct recruitment process and, on the other hand, permit the applicants to remain stagnated on the post of Junior Engineer for more than seventeen years. The aforesaid provision casts a corresponding statutory obligation upon the respondents to fill the available promotional vacancies from amongst the existing eligible employees, including the applicants, strictly in accordance with the applicable rules and the prescribed quota.

Therefore, aggrieved by the continued stagnation and non-consideration of their cases for placement/promotion to the post of Assistant Engineer against the available and arising vacancies, the applicants submitted a detailed representation dated 13.08.2026 before the respondents, bringing to their notice their long and continuous service of more than seventeen years as Junior Engineers, the availability of vacant posts of Assistant Engineers, and the mandate contained in Clause 7(4)(ii) of S.O. 109 dated 20.03.2020. However, despite the lapse of considerable time, the said representation has neither been considered nor any decision thereon has been communicated to the applicants. The continued inaction and failure on the part of the respondents to consider and decide the legitimate claim of the applicants has left them with no efficacious alternative remedy except to approach this Hon’ble Tribunal for seeking appropriate directions for consideration of their cases for placement/promotion to the post of Assistant Engineer in accordance with the applicable service rules and prescribed quota.

Through the medium of the instant petition the applicants seek for the following reliefs-

Learned counsel for the applicants 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, subject to Rules and Regulations, Clause 7(4)(ii) of S.O. 109 dated 20.03.2020, along with the documents annexed and the law applicable in the instant case.

Learned counsel for the respondents, Ms. Humaira Jan, 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, 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 subject to Rules and Regulations, Clause 7(4)(ii) of S.O. 109 dated 20.03.2020. 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 six weeks from the date of receipt of a copy of this order, by passing a comprehensive reasoned, speaking, and detailed order.

Accordingly, O.A No. 943/2026 is disposed of along with the connected M.As., if any, parties are to bear their own costs. The M.A./1147/2026 seeking joint application is also allowed.

Consign the file to the Record Room, after due compliance.