ghulam hussain and another vs PUBLIC WORK DEPARTMENT (R AND B) UT OF LADAKH on 22 October 2026

1. Ghulam Hussian, Age 54 years S/o Haji Gh. Haider R/o Sangrah Sankoo Kargil UT of Ladakh.

2. Iftikhar Hussain Age 53 years S/o Ghulam Abass R/o Balti Bazaar Kargil UT of Ladakh. ……Applicants By Advocate : Mr. Musatafa Haji through VC VERSUS

1. The Union Territory of Ladakh, through the Chief Secretary, Civil Secretariat, Leh. Civil Secretariat, Leh, Ladakh - 194101 E-Mail: secretarypaladakh@gmail.com

2. Commissioner/Secretary, Public Works (R&B) Department, Civil Secretariat, Ladakh - 194101 E-Mail: gad.utladakh@ladakh.gov.in

3. Chief Engineer, Public Works (R&B) Department, Union Territory of Ladakh. E-Mail: chiefsecretary@ladakh.gov.in

4. Administrative Secretary/Competent Authority, General Administration Department, Civil Secretariat, Leh, Ladakh - 194101 E-mail: gad.utladakh@ladakh.gov.in. ..….Respondents By Advocate :- Ms. Shagufta vice Mr. Tahir M Shamsi, DSGI

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O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Before proceeding further, it is noticed from the record that the applicants have filed MA No. 1418/2026 seeking permission to file a joint application. For the reasons stated therein, the said miscellaneous application is allowed.

02. The case of the applicants, as projected in the Original Application, is that they were appointed as Junior Engineers pursuant to Government Order No. 12-LA of 2012 dated 29.02.2012, following their regularisation under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. The regularisation order, wherein the applicants figure at Serial Nos. 5 and 9, has been annexed with the Original Application as Annexure A-1.

03. It is averred that, since their appointment, the applicants have been discharging their duties with utmost honesty and sincerity and have remained eligible for consideration for promotion to the posts of Assistant Engineers in their respective cadres.

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04. The applicants further submit that, in the year 2017, an anonymous complaint was lodged against 27 employees of the Power Works Department, Kargil, including Executive Engineers, Assistant Executive Engineers, Assistant Engineers and Junior Engineers. The names of the applicants also figured in the said complaint, which was subsequently referred to the Vigilance Commission for examination.

05. It is stated that, vide Letter No. A/86/2021- PWD(R&B)/251-252 dated 14.06.2022, the Commissioner/Secretary, PW(R&B) Department, sought integrity certificates, property returns and vigilance clearances in respect of 26 eligible Junior Engineers, including the applicants. The said communication has been placed on record as Annexure A-2.

06. Thereafter, another communication was issued by the Office of the Additional Director General of Police, wherein the applicants figured at Serial Nos. 5 and 6. According to the applicants, the said communication

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recorded that, as per the official records, no FIR or investigation was pending against the concerned officials. A copy of the communication has been annexed as Annexure A-3.

07. The applicants contend that they submitted all the requisite documents and that their vigilance clearances were duly furnished. However, despite their claim of fulfilling the prescribed eligibility conditions, their names were omitted from the promotion order dated 03.10.2022, issued vide Order No. 42-LA-PW(R&B) of 2022, while several employees stated to be junior to them were promoted to the posts of Assistant Engineers. A copy of the said order has been annexed as Annexure A-4.

08. It is further averred that, upon completion of the vigilance proceedings, the competent authority found no case warranting criminal prosecution against the applicants and issued the requisite clearances in their favour. Copies of the relevant no-objection certificates and other communications issued by the Vigilance Department have

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been annexed as Annexure A-5.

09. The applicants also rely upon their Annual Performance Reports, annexed as Annexure A-6, in support of their assertion that they have consistently discharged their official duties satisfactorily. They submit that, despite seeking an explanation from the respondents regarding their non-consideration for promotion, no written explanation was furnished to them. They were merely informed orally that an enquiry was pending against them.

10. According to the applicants, a further communication issued by the Vigilance Department in the year 2026 clarified that no criminal prosecution had been recommended against them and that no action had been initiated against them in that regard. The said communication has been annexed as Annexure A-7.

11. It is further submitted that the applicants submitted several representations before the competent authorities seeking consideration of their cases for promotion. However, their representations were not considered, whereas other

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employees whose names had also figured in the anonymous complaint were allegedly promoted. The applicants contend that such differential treatment is arbitrary and discriminatory.

12. The applicants state that they again approached the respondents in the years 2025 and 2026, but despite assurances, no decision was taken on their claims. They submit that they continue to serve as Junior Engineers, whereas their alleged juniors have been promoted as Assistant Engineers and are also being considered for further promotions. The latest representation submitted by the applicants has been annexed as Annexure A-8.

13. On the aforesaid grounds, the applicants contend that their non-consideration for promotion, despite the subsequent vigilance clearances and the promotion of their alleged juniors, is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. They further submit that the mere pendency of a preliminary enquiry arising out of an anonymous complaint, in the

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absence of any disciplinary proceedings or criminal prosecution against them, could not lawfully justify the continued withholding of their promotion, particularly when other employees allegedly similarly situated have been promoted.

14. The applicants have, accordingly, sought a declaration that their non-consideration for promotion to the posts of Assistant Engineers, pursuant to the promotion order dated 03.10.2022, is illegal and arbitrary. They have further sought directions to the respondents to review and reconsider their cases for promotion in the light of the subsequent vigilance clearances; grant them promotion retrospectively from the dates their immediate juniors were promoted; restore and refix their inter se seniority in the cadre of Assistant Engineers; and extend all consequential service benefits, including consideration for further promotion and monetary benefits, in accordance with law. They have also sought appropriate interim relief, including the preservation of two posts of Assistant

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Engineer or the making of further promotions subject to the outcome of the Original Application.

15. 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 applicants’ claims for promotion to the posts of Assistant Engineers, including their claims for retrospective promotion from the dates their immediate juniors were promoted, restoration and refixation of seniority, and grant of consequential service benefits, along with the documents annexed thereto, strictly in accordance with law within a stipulated period.

16. Ms. Shagufta, appearing through video conferencing on behalf of the respondents in place of Mr. Tahir M. Shamsi, learned DSGI, pursuant to advance notice served by learned counsel for the applicants, submitted that the Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions

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of the respondents.

17. Heard learned counsel for the parties and perused the record.

18. 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 relief now pressed by learned counsel for the applicants.

19. 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 same as a representation and consider the claims raised therein, including the applicants’ claims for promotion to the posts of Assistant Engineers with effect from the dates their immediate juniors were promoted, restoration and refixation of their inter se seniority, and grant of consequential service benefits, in the light of the averments made in the Original Application and the

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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 conditions and there being no legal impediment thereto.

20. The respondents shall pass a detailed, reasoned and speaking order 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 in accordance with the applicable procedure.

21. It is made clear that this Tribunal has not expressed any opinion on the merits of the claims raised by the applicants. All questions of fact and law are left open to be considered and decided by the competent authority in accordance with law.

22. With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous applications, if any, shall also stand disposed of.

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23. No order as to costs.

24. The Registry shall consign the file to the Record Room after due compliance.

PRASANT KUMAR (JUSTICE RITU TAGORE) Member(Admn.) Member(Judl.)

22-10-2026 DEVENDRA TRIPATHI

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