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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
Before proceeding further, it is revealed from the record that the applicants have filed M.A. No. 1295/2026 seeking permission to file a joint application. For the reasons stated therein, the said Miscellaneous Application is allowed.
Learned counsel for the applicants submits that pursuant to Advertisement No. 101 of 2020 dated 26.06.2020, a notification came to be issued by the Jammu and Kashmir Services Selection Board for district/divisional/Union Territory cadre posts of Class-IV in various departments under the Jammu and Kashmir Appointment to Class IV (Special Recruitment) Rules, 2020. A copy of the said notification has been placed on record as Annexure-I.
It is further submitted that pursuant to the recommendations made by the competent authority, the applicants came to be appointed as Class-IV employees against the District Cadre, Pulwama, in the pay level of SL-1 (₹14,800–47,100) in the Rural Development and Panchayati Raj Department. A copy of the relevant Government Order has been placed on record as Annexure-II.
Learned counsel further submits that, thereafter, the services of the applicants came to be confirmed and, being eligible for consideration for promotion to the next higher their cases were placed before the duly constituted Departmental Promotion Committee. However, vide order dated 19.09.2026, the applicants have continued to be reflected merely as Class-IV officials of District Pulwama, whereas other similarly situated Class-IV employees have been shown under specific categories/designations such as Plantation Supervisor, Plantation Watcher, Mali and Mirab. A copy of the said order has been placed on record as Annexure-III.
It is submitted that the pay scale attached to the posts referred to above is the same as that attached to the posts presently held by the applicants and that, according to the applicants, the nature and quantum of duties, responsibilities and functional requirements attached to the respective posts are substantially similar. It is in these circumstances that the applicants submitted representations before the respondents seeking their appropriate inclusion/placement in the corresponding Mirab or Mali. However, no decision has, so far, been taken on the said representations. Copies of the representations have been placed on record as Annexure-IV.
Learned counsel further submits that the services of the applicants are governed by the applicable service rules governing the Rural Development and Panchayati Raj Department and that, according to the applicants, the nomenclature and categorization of Class-IV employees are governed by the relevant statutory rules, including SRO 178 of 2007 dated 09.05.2007. It is contended that the said rules prescribe specific posts/designations and that there is no independent substantive category designated merely as "Class-IV". A copy of SRO 178 of 2007 dated 09.05.2007 has been placed on record as Annexure-V.
It is further submitted that, despite the applicants having submitted representations and despite the issue having a promotional prospects, no effective decision has been taken by the respondents. According to learned counsel, the applicants' cases require consideration in accordance with the applicable Recruitment Rules and the representations submitted by them.
Learned counsel for the applicants submits that the short grievance of the applicants is that they be appropriately placed/designated in the relevant executive cadre, viz. Plantation Watcher, Mirab or Mali, in accordance with the applicable Recruitment Rules and on parity with similarly situated employees. It is contended that the applicants ought not to be continued indefinitely under a generic designation if, under the applicable rules, specific posts/designations are prescribed for employees performing comparable duties.
It is further submitted that the applicants apprehend that their present placement/designation may adversely affect their future service prospects, including their of other similarly situated employees have been considered for appropriate designation and placement. The applicants, therefore, seek consideration of their representations and their claim for appropriate placement/designation in accordance with the applicable rules.
It is also submitted that the applicants' grievance concerns the proposed/ongoing process before the Departmental Promotion Committee and that, according to them, their cases ought to be considered in accordance with the applicable Recruitment Rules before any further steps are taken in respect of the promotional exercise affecting their service prospects.
Learned counsel, accordingly, submits that the applicants seek, inter alia, appropriate consideration of their claim for inclusion/placement in the appropriate executive cadre/designation, namely, Plantation Watcher, Mirab or Mali, in accordance with the applicable Recruitment them; and appropriate consideration of their cases in relation to the Departmental Promotion Committee proceedings, in accordance with law.
However, after arguing the matter for some time, learned counsel for the applicants submitted 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 assertions made therein, including the applicants' claim for appropriate inclusion/placement in the executive cadre/designation of Plantation Watcher, Mirab or Mali in accordance with the applicable Recruitment Rules, consideration of their representations and their claim in the context of the ongoing/proposed proceedings before the Departmental Promotion Committee, along with the documents annexed thereto, strictly in accordance with law within a stipulated period.
Mr. Satinder Singh, learned AAG, appearing pursuant to 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 now 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 Original Application as a representation and consider the assertions made therein, including the applicants' claim for their appropriate inclusion/placement in the relevant executive cadre/designation, viz. Plantation Central Administrative TribunalWatcher, Mirab or Mali, in accordance with the applicable Recruitment Rules; the representations submitted by the applicants in this regard; and their claim for consideration in the proceedings before the Departmental Promotion Committee, together with the documents annexed thereto, strictly in accordance with the applicable rules, regulations and the law governing the field, subject to the applicants fulfilling the requisite eligibility and entitlement and there being no legal impediment in doing so.
The competent authority shall associate the applicants or their authorized representative, as may be permissible in law, while considering their claim, and shall afford them an opportunity of being heard. Thereafter, the respondents shall pass a detailed, reasoned and speaking order dealing with the specific grievances and claims raised by the applicants within a period of eight weeks from the date a certified copy of this order is served upon them. The decision so taken shall be communicated to the applicants Central Administrative Tribunalforthwith.
It is further clarified 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.
No order as to costs.
Registry shall consign the file to the Record Room after due compliance.