Jammu and Kashmir High Court

WP(C)/2097/2026 of AJAZ AHMAD WANI Vs UNION TERRITORY OF J AND K AND OTHERS (HOUSING AND URBAN DEVELOPMENT) on 27 August 2026

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 2097/2026 CM No. 5668/2026 AJAZ AHMAD WANI ….. Petitioner(s) Through: Ms. Syed Ainain Qadiri, Advocate. V/s UNION TERRITORY OF J AND K AND ORS ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice

105

Supp

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

AJAZ AHMAD WANI

….. Petitioner(s)

Through:

Ms. Syed Ainain Qadiri, Advocate.

V/s

UNION TERRITORY OF J AND K AND ORS ….. Respondent(s)

Through:

Coram:

Hon’ble Mr. Justice Sanjay Dhar, Judge

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ORDER

27.08.2026

1. The petitioner, through the medium of present petition has sought a direction upon the respondents to grant him in-situ and grade promotions in terms of Jammu & Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 issued by the Government of Jammu & Kashmir vide SRO 14 dated 15.01.1996 and to extend him all consequential benefits on the parity of similarly situated employees namely Nazir Ahmad Magray and Mohammad Ashraf Shah.

2. Learned counsel for the petitioner has submitted that ever since the appointment of the petitioner with the Respondent Municipal Council, the benefit of in-situ promotion has not been P a g e | 2

given to him though he has been in service of the Respondent Municipal Council since 28.11.2000, whereas similarly situated persons namely Nazir Ahmad Magray and Mohammad Ashraf Shah, who had moved this Court by way of writ petition bearing SWP No. 361/2016 and earned a judgment dated 18.08.2017, have been accorded the benefit of in-situ promotion by the respondent Municipal Council. The learned counsel has submitted that the case of the petitioner is fully covered by the judgment passed in SWP No. 361/2016 which has attained finality inasmuch as the LPA as well as the SLP against the said judgment stands dismissed.

3. The learned counsel has submitted that the petitioner would feel satisfied if a direction is issued to the respondents to consider his case in accordance with law and in light of judgment passed by this Court in SWP No. 361/2016.

4. In view of the above, the petition is disposed of with a direction to the respondents to take immediate steps for considering the case of the petitioner for grant of in-situ and grade promotion in terms of Jammu & Kashmir Civil services (Higher Standard Pay Scale Scheme) Rules, 1996 and in light of judgment passed by this Court in SWP No. 361/2016 provided the petitioner is similarly situated to the writ P a g e | 3

petitioners of the aforesaid case. The consideration shall be accorded by the respondents most expeditiously preferably within a period of two months from the date a copy of this order is made available to them.

5. Disposed of as above.

(Sanjay Dhar)

Judge

SRINAGAR 27.08.2026 Aasif

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