Central Administrative Tribunal

RAYEES AHMAD MIR vs JAL SHAKTI DEPARTMENT on 31 December 2025

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O.A. No. 61/2118/2025

Central Administrative Tribunal

Jammu Bench, Jammu

Hearing through video conferencing

Original Application No. 61/2118/2025

This the 31st day of December, 2025

Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Ms. Pragya Sahay Saksena, Administrative Member

1.

Rayees Ahmad Mir, Aged 36 years, S/o Mohd Yousuf Mir, R/o 81- Near Govt. Middle School, Mirmaidan, Dooru, District Anantnag, Kashmir. At present Quarter No. D-21 Poonch House Talab Tillo, Jammu.

2.

Irshad Ahmad Wani, aged 37 years, S/o Abdul Rehman Wani, R/o Qaimoh, Kaimoh Anantnag, Kulgam Jammu and Kashmir.

At present Quarter No. D-21 Poonch House Talab Tillo, Jammu

...Applicants

(Through Advocate: Mr. Pranav Kohli, Sr. Advocate assisted by Mr.

Farhan Mirza)

Versus

1.

UT of J&K through Financial Commissioner (Additional Chief Secretary) Jammu and Kashmir Jal Shakti Department, Civil Secretariat, Jammu.

(Through Advocate: Mr. Rajesh Thapa, A.A.G.)

Digitally

signed by

ARUN

KUMAR

ARUN

KUMAR

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O R D E R

(Per:- Sanjeev Gupta, Judicial Member)

Miscellaneous Application No. 1998 of 2025

The instant M.A. has been filed by the applicants seeking permission of this Tribunal to join in and pursue O.A. No. 2118 of 2025 together.

For the reasons stated therein, the M.A. is allowed.

Original Application The instant Original Application (in short O.A.) has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:- “i. Mandamus commanding upon the respondents to implement SRO 14 dated 15.01.2016 and grant consequent promotion to the applicants to the post of Executive Engineer in terms of amended Schedule for Class-III Category—‘A’ of J&K Engineering (Gazetted) Services Recruitment Rules, 1978 as has been accorded to similarly circumstanced individuals in Engineering Departments. ii. Mandamus commanding upon the respondents to grant the promotion to the applicants to the post of Executive Engineer and place them appropriately with effect in the Seniority List of Executive Engineers under SRO-14.”

2. Learned Sr. Counsel while relying on SRO 14 dated 15.01.2016, SO 281 dated 28.10.2025 and order dated 04.03.2021 passed by this Tribunal in T.A. No. 61/43/2020, which was upheld by the Hon’ble High Court vide judgement dated 04.08.2025 in WP (C) No. 2480 of 2021, stated that the respondents’ department is making promotion to the post of Executive Engineer, without adhering to the aforesaid SOs and judgement of Hon’ble High Court, which is causing prejudice Digitally signed by ARUN KUMAR ARUN KUMAR

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to the applicant who are otherwise eligible and are entitled for promotion to the post of Executive Engineer.

3. Learned Sr. Counsel further stated that the applicants would be satisfied, at this stage, if a direction is issued to the respondents to treat a copy of this O.A. as their representation and decide the same within a time frame.

4. Mr. Rajesh Thapa, learned A.A.G. appearing for respondents on advance notice prays for sometime to file counter reply.

5. Having heard the learned counsels for the parties, we are of considered view that no useful purpose would be served in keeping this O.A. pending and same can be disposed of in the manner as prayed for by the learned counsel for the applicants.

6. Accordingly, the Original Application is disposed of, at the admission stage, without entering into the merits of the case, with a direction to respondents to treat a copy of this Original Application as representation of the applicants and decide the same by passing a reasoned and speaking order keeping in view the SRO/SOs referred in O.A. as well as order dated 04.03.2021 passed by this Tribunal in T.A. No. 61/43/2020, which was upheld by the Hon’ble High Court vide judgement dated 04.08.2025 in WP (C) No. 2480 of 2021. A copy of the speaking order shall also be communicated to the applicants. Let the entire exercise be completed within a period of eight weeks from the date of receipt of a certified copy of this order. Any promotion to the post of Executive Engineer; regular or on incharge basis shall be made only after following the aforesaid SRO/SOs and judgements. Digitally signed by ARUN KUMAR ARUN KUMAR

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7. With these directions, this Original Application stands disposed off.

8. No orders so as to costs.

(Pragya Sahay Saksena)

(Sanjeev Gupta)

Administrative Member

Judicial Member

Arun… Digitally signed by ARUN KUMAR ARUN KUMAR

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