Shahid Rasool vs JAL SHAKTI DEPARTMENT on 31 December 2025

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH

Original Application No. 2106/2025

Date of Order: This, the 31stday of December, 2025

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER

HON’BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER

Between

Shahid Rasool, Aged 38 years,

S/o Sh. Ghulam Rasool,

R/o Bijarni, District – Doda.

….Applicant

-Versus-

1. Union Territory of Jammu and Kashmir, through its Commissioner/Secretary, Jal Shakti (PHE)

Department, Civil Secretariat, Jammu, Pin - 180001.

2.

Chief Engineer,

Jal Shakti (PHE) Department, Jammu, Pin – 180001.

3.

Superintending Engineer,

Jal Shakti (PHE) Department,

Doda, Pin – 182221.

4.

Executive Engineer,

Jal Shakti (PHE) Department,

Doda, Pin – 182221.

....Respondents

Advocate for applicant(s):

Mr. Sudershan Sharma

Advocate for respondent(s): Mr. R. Thappa, ld. AAG

ORDER(Oral)

PER MR. RAJINDER SINGH DOGRA, MEMBER (J):

The applicant has moved this OA, seeking the following reliefs:

(i)

Prayer

seek

indulgence

of

this

Hon’ble

Tribunal by commanding upon the respondents to engage the applicant as Plumber in PHE Department, Division Doda, as being the eligible candidate and as has been done in the similarly situated candidates to that of the applicant, in the given facts and circumstances of the case.

(ii)

The Hon’ble Tribunal may kindly award such other relief(s) as may be considered appropriate in the circumstances of the present case.

2.

The brief facts of the case are that the applicant is a citizen of India and also the permanent residents of UT of Jammu and Kashmir, as such, are enjoying the statutory and fundamental rights that have been guaranteed under the Constitution of India and the laws made thereafter.

That the applicant through the medium of this O.A. seek indulgence of this Hon'ble Tribunal by commanding upon the respondents to engage the applicant as Plumber on need basis in PHE

Department, Division Doda, as being the eligible

candidate and as has been done in the similarly situated candidates to that of the applicant, in the given facts and circumstances of the case.

That the applicant is a member of socially and educationally backward class and a certificate is issued by the office of the Tehsil Doda. The applicant hassuccessfully completed the one year training in Plumber from the Royal Polytechnic College Srinagar w.e.f. from 01.12.2010 to 30.11.2011. The necessary verification of the character of the applicant was done by the Police station Doda and nothing adverse was found against him. Thereafter the applicant had also successfully completed the Training programme in Agriculture & allied activities from the SBI Rural Self Employment Training Institute Doda.

That it is respectfully submitted that the respondent no. 3 had invited applications from all the candidates who are ITI trained under Plumber trade for their engagement on need basis And for the same the applicant had applied too.

That the respondent no. 4 vide letter dated 14.09.2012 referred to the Directorate of Technical Education J&K 65nos. of provision, National Trade Certificate (Engineering Trade) in original issue by the Directorate of Technical Education in favour of the candidates and it was requested to verify the same to the respondent no. 4 Division. The name of the applicant figured at S.No. 58.

That verification of the certificate was of the applicant among others was sought from the Secretary State Board of Technical Education Jammu, and was to be communicated to respondent no. 4.

That in similarly situated case the candidates including had certificate from one the Kisan Institute of Technology Jammu made representations to various authorities saying that, when the they took admission in, they were not aware of the fact that the said institute is not affiliated with the government. It is, pertinent to mention here that the candidates of District Kishtwar and Ramban faced similar issues, as

most of the candidates had certificate from said non- recognized institution.

That,

thereafter,

on

the

basis

of

the

representations by various aggrieved candidates the govt. had taken humanitarian grounds and decision was taken to put all the candidates to test to access their skill competence. The District Authorities of Distt. Kishtwar and Ramban have acted upon the same and engaged the candidates as casual/seasonal labour. When the same was not acted upon, the similarly situated candidates had approached the Hon'bleTribunal and the Hon'ble Tribunal was pleased to direct the respondents to consider the representation of the applicants by passing reasoned and speaking order.

That the applicant approached the respondents time and again but nothing substantial has come out and finally by way of legal notice, he approached the respondents to conclude the process of verification and appoint the applicant as plumber as being qualified for

the same and as has been done in the similarly situated case as that of the applicant.Hence this OA.

3.

Learned counsel for the applicant has fairly submitted that it would suffice applicant’s purpose, if a direction be given to the respondents to consider the pending representation of the applicant within a stipulated timeframe.

4.

Learned counsel for the respondents has no objection to such proposition.

5.

Heard the parties.

6.

In view of the limited prayer made by counsel for the applicant, respondents are hereby directed to consider the legal notice(Annexure-A/6 of OA) as representation of the applicant by treating the instant OA as a part of it and decide the same by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of a certified copy of this