Jammu and Kashmir High Court
WP(C)/1944/2024 of UNION TERRITORY OF JAMMU AND KASHMIR COMMISSIONER SECRETARY TO GOVT INDUSTRIES AND COMMERCE Vs RIYAZ AHMAD KHANDAY on 18 May 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) WP(C) No. 1944/2024 CM No. 5240/2024 01. Union Territory of J&K through Commissioner/Secretary to Govt. Industries & Commerce Department Civil Secretariat, Jammu/Srinagar, Pin Code; 190001. 02. Director, Geology and
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(Through Virtual Mode)
WP(C) No. 1944/2024
CM No. 5240/2024
01.
Union Territory of J&K through
Commissioner/Secretary to Govt.
Industries & Commerce Department
Civil Secretariat,
Jammu/Srinagar, Pin Code; 190001.
02.
Director,
Geology
and
Mining
Department, UT of Jammu and
Kashmir Srinagar/Jammu.
Pin Code; 190001.
…. Appellant(s)/Petitioner(s)
Through: Mr. Ilyas Nazir, Laway, GA.
Vs
Riyaz Ahmad Khanday,
S/o Late Habibullah Khanday
R/o Dana Mazar Safa Kadal Srinagar
Pin Code 190002.
.…. Respondent(s)
Through: Mr. Sami Lone, Advocate vice
Mr. Syed Sajad Geelani, Advocate.
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
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ORDER
18.05.2026
01. The impugned, in this petition filed by the Union Territory of Jammu & Kashmir & another, is an order/judgment dated 07.02.2024, passed by the Central Administrative Tribunal, Srinagar, (‘Tribunal’ for short) in O.A. No. 73/2025, titled, “Riyaz Ahmad Khanday Vs. U.T of J&K & Ors” whereby, the O.A. filed by the respondents herein, has been disposed of with a direction to the petitioners herein, to conduct the type test of those who are intending to sit in said test except those who have already qualified the said type test including the applicant. Sr. No. 15
2
02. The impugned judgment is challenged primarily on the ground that once the Tribunal upheld the circular dated 18.01.2024, it could not have issued further direction to the extent that the persons who qualified a type test in the year 2018 should not be made sit in the type test again.
03. Having regard the learned counsel for the parties and perused the material on record, we are of the considered opinion that the direction passed by the Tribunal contained in paragraph 5 of the impugned judgment is not sustainable in law. Each time, the Departmental Promotion Committee takes up the matter for promotion of Class-IV to the Junior Assistant, all the Class-IV employees falling in the consideration zone are liable to be put to the type test. The type test which was conducted in the year 2018 shall lose its relevance for the promotions which are to be made in the year 2024.
04. For the aforesaid reasons, we find merit in the instant petition and the same is allowed. The impugned order dated 07.02.2024, is set aside. The DPC may proceed to make the promotions strictly in terms of circular dated 18.01.2024, validity whereof, has already been also been upheld by the Tribunal
05. Petition is thus, disposed of along with connected application(s).
(Sanjay Parihar)
Judge (Sanjeev Kumar) Judge
Jammu 18.05.2026 Renu