BILAL AHMAD KAK vs POWER DEVELOPMENT DEPARTMENT on 28 October 2026

1. Bilal Ahmad Kak, Age: 45 years S/0: Ali Mohammad Kak, R/O: Sonwar Colony Gadoora Ganderbal, Pin Code: 191131,

2. Gh Nabi Reshi, Age: 44 years S/O: Gh Mohd Reshi, R/O: Repora Lar Ganderbal, Pin Code: 191131,

3. Zahoor Ahmad Sofi, Age: 43 years S/O: Abdul Rashid Sofi, R/O: Lethpora Pampore Pulwama, Pin Code: 192122,

4. Mohammad Ashraf Dar, Age: 39 years S/O: Habibullah Dar, R/O: Ganai Doori Alamgari Bazar Srinagar. Pin Code: 190011,

5. Mohammad Akram Kumar, Age: 48 years S/0: Ghulam Ahmad Kumar, R/O: Pakipora Pattan Baramulla,

Location:

Devendra Tripathi

Pin Code: 193121,

6. Sara Bano, Age: 49 years W/O: Abdul Majeed Dar, R/O: Nasrullah Pora Budgam, Pin Code: 191111,

7. Mohammad Akhtar Khatana, Age: 45 years S/O: Mohammad Akbar Khatana, R/O: Chattbandy, Bandipora, Pin Code: 193502,

8. Nisar Ahmad Mir, Age: 48 years S/O: Mohammad Ibrahim Mir, R/O: Dangerpora Magam Budgam, Pin Code: 193401,

9. Mohd Altaf Ganaie, Age: 45 years S/O: Wali Mohd Ganaie, R/O: Yarikalan Chadoora, Pin Code: 191113,

10. Ali Mohammad Gujree, Age: 52 years S/0: Ghulam Ahmad Gujree, R/O: Sharie Bhat Alamgaribazar Srinagar, Pin Code: 190011,

11. Javeed Hussain Wani, Age: 36 years S/0: Ghulam Mohammad Wani, R/O: Channa Mohalla Chattabal Srinagar, Pin Code: 190010,

Location:

Devendra Tripathi

12. Tariq Ahmad Gujri, Age: 44 years S/O: Abdul Kareem Gujri, R/O: Alamgari Bazar Shribhat Srinagar, Pin Code: 190011,

13. Muhammad Shafi Dar, Age: 44 years S/0: Ghulam Qadir Dar, R/O: Umerhair Srinagar, Pin Code: 90020,

14. Gh Ahmad Sofi, Age: 51 years S/O: Abdul Samad Sofi, R/O: Thuru Ganderbal, Pin Code: 191131,

15. Sajad Ahmad Pajwari, Age: 32 years S/O: Mohd Sidiq Pajwari, R/O: Aquilmir Khanyar, Pin Code: 190003,

16. Ghulam Mohammad Ganai, Age: 50 years S/O: Hassan Ganaie, R/O: Iskanderpora Budgam, Pin Code: 193411,

17. Mohammad Shafi Shah, Age: 49 years S/O: Abdul Ahad Shah, R/O: Gopalpora, Pin Code: 191113,

18. Sameer Ahmad Ganaie, Age: 38 years

Location:

Devendra Tripathi

S/O: Ghulam Mohammad Ganaie, R/O: Mazhama Magam Budgam, Pin Code: 193401,

19. Sajad Ahmad Kambay, Age: 43 years S/O: Abdul Salam Kambay, R/O: Rangil Ganderbal, Pin Code: 190006,

20. Abdul Khaliq Rather, Age: 45 years S/O: Abdul Rahman Rather, R/O: Malshahi Bagh Ganderbal, Pin Code: 190006,

21. Younis Thoker, Age: 36 years S/O: Abdul Gani Thoker, R/O: Trenz Shopian, Pin Code: 192303,

22. Riyaz Ahmad Bhat, Age: 42 years S/O: Mohmad Maqbool Bhat, R/O: Beehama Ganderbal, Pin Code: 191201,

23. Mukhtar Ahmad Malik, Age: 43 years S/O: Ali Mohammad Malik, R/O: Nawa Kadal Arampora, Pin Code: 190002,

24. Gulzar Ahmad Kambay, Age: 46 years S/O: Ghulam Nabi Kambay,

Location:

Devendra Tripathi

R/O: Baba Dariyadin Ganderbal, Pin Code: 190006,

25. Gulam Qadir Ganie, Age: 52 years S/O: Abdul Ahad Ganie, R/O: Zahid Bag Baramulla, Pin Code: 191111,

26. Mohd Mogbool Bhat, Age: 47 years S/O: Gh Mohd Bhat, R/O: Alam Guchoo, Pin Code: 193411,

27. Altaf Hussain Pandith, Age: 39 years S/O: Mohd Bagqir Pandit, R/O: Iskanderpora Budgam, Pin Code: 193411,

28. Manzoor Ahmad Malik, Age: 57 years S/O: Ab Rahman Malik, R/O: Kawoosa Khalisa, Pin Code: 193401,

29. Ghulam Mohammad Para, Age: 49 years S/O: Gh Nabi Para, R/O: Rathsun Beerwah Budgam, Pin Code: 193401,

30. Mohd Ramzan Lone, Age: 45 years S/O: Abdul Rahman Lone, R/O: Sozeith Goripora,

Location:

Devendra Tripathi

Pin Code: 193411,

31. Gh Mohi Ud Din Tantary, Age: 38 years S/O: Gh Mohammad Tantary, R/O: Gogal Dara Tangmarg, Pin Code: 193402,

32. Abdul Rashid Magray, Age: 45 years S/O: Abdul Ahad Magray, R/O: Chill Brass Budgam, Pin Code: 193411,

33. Gh Mohammad Mir, Age: 45 years S/O: Ali Mohammad Mir, R/O: Peth Koot Beerwah, Pin Code: 193411,

34. Ghulam Ahmad Dar, Age: 47 years S/O: Mohd Ishaq Dar, R/O: Kripalpora Bala Pattan, Pin Code: 193121,

35. Jawahara Akhter, Age: 37 years R/O: Machhama Beerwah Budgam, Pin Code: 193411,

36. Bashir Ahmad Ganie, Age: 57 years S/O: Abdul Rehman Ganie, R/O: Tarzoo Sopore, Pin Code: 193201,

37. Mohd Rajab Malla, Age: 56 years

Location:

Devendra Tripathi

S/O: Ali Mohd Malla, R/O: Botingoo Muqam, Pin Code: 193201,

38. Gh Nabi Dar, Age: 50 years S/O: Gh Hassan Dar, R/O: Seer Jageer Sopore, Pin Code: 193201,

39. Gh Hassan Sheikh, Age: 55 years S/O: Wali Mohd Sheikh, R/O: Seeloo Sopore, Pin Code: 193201,

40. Abdul Rehman Magray, Age: 54 years S/O: Mohd Ramzan Magray, R/O: Nowpora Jageer Baramulla, Pin Code: 193201,

41. Ghulam Mohammad Baba, Age: 49 years S/O: Saif Din Baba, R/O: Botingoo Sopore, Pin Code: 193201,

42. Mohd Ramzan Lone, Age: 56 years S/O: Abdullah Lone, R/O: Hathloongo Sopore, Pin Code: 193201,

43. Bashir Ahmad Sheikh, Age: 45 years S/O: Abdul Ahad Sheikh,

Location:

Devendra Tripathi

R/O: Khag Budgam, Pin Code: 193411,

44. Ghulam Mohammad Bhat, Age: 42 years S/O: Khazir Mohammad Bhat, R/O: Khag Budgam, Pin Code: 193411,

45. Hajra Bano, Age: 49 years W/O: Mohammad Ibrahim Bhat, R/O: Karipora Budgam, Pin Code: 191111,

46. Manzoor Ahmad Bhat, Age: 47 years S/0: Ghulam Mohammad Bhat, R/O: Amma Nurn Pattan, Pin Code: 193121,

47. Ghulam Hassan Wani, Age: 48 years S/O: Ab Rehman Wani, R/O: Khag Budgam, Pin Code: 193411,

48. Abdul Rashid Lone, Age: 55 years S/O: Habibullah Lone, R/O: Khan Mohalla Nowpora Jagir, Pin Code: 130103,

49. Nazir Ahmad Wani, Age: 53 years S/O: Late Gh Mohd Wani, R/O: Wani Mohalla Pattan,

Location:

Devendra Tripathi

Pin Code: 193121,

50. Masooda Jan, Age: 43 years W/O: Mohammad Amin Bhat, R/O: Habba Kadal Srinagar, Pin Code: 190001,

51. Ali Mohammad Jara, Age: 51 years S/O: Mohammad Abdulla Jara, R/O: Chadoora Branwar Budgam, Pin Code: 191113,

52. Fayaz Ahmad Sheikh, Age: 50 years S/O: Ghulam Mohammad Sheikh, R/O: Kumar Mohalla Dreygam Budgam, Pin Code: 191111,

53. Abdul Rashid Parra, Age: 54 years S/O: Sanaullah Parray, R/O: Rawalpora Sanat Nagar Srinagar, Pin Code: 190005,

54. Abdul Hameed Wani, Age: 47 years S/O: Mohd Sultan Wani, R/O: Khag Budgam, Pin Code: 193411,

55. Mohammad Yousaf Dar, Age: 44 years S/O: Mohammad Subhan Dar, R/O: Trikobal Pattan, Pin Code: 193121,

Location:

Devendra Tripathi

56. Mehraj Ud Din Wani, Age: 37 years S/O: Mohammad Afzal Wani, R/O: Trikobal Pattan, Pin Code: 193121,

57. Ghulam Mohammad Sheikh, Age: 48 years S/O: Mohammad Sideeq Sheikh, R/O: Palhallan Baramulla, Pin Code: 193121,

58. Nisar Ahmad Mir, Age: 42 years S/0: Ghulam Hassan Mir, R/O: Paller Budgam, Pin Code: 191111,

59. Rafiga Bano, Age: 40 years W/O: Late Mushtaq Ahmad Shah, R/O: Alawpora Khansahib Budgam, Pin Code: 191111,

60. Mohd Amin Bhat, Age: 42 years S/O: Mohammad Subhan Bhat, R/O: Kramsher Budgam, Pin Code: 191111,

61. Ghulam Mohammad Dar, Age: 53 years S/O: Mohd Ismail Dar, R/O: Richan Budgam, Pin Code: 191111,

62. Abdul Aziz Sheikh, Age: 46 years

Location:

Devendra Tripathi

S/0: Abdul Gani Sheikh, R/O: Arigam Budgam, Pin Code: 191111,

63. Bashir Ahmad Dar, Age: 50 years S/O: Ghulam Mohd Dar, R/O: Waterhail Budgam, Pin Code: 191111, ……Applicants By Advocate : Mr. Shakir Rajab VERSUS

1. Union Territory of J&K through Commissioner Secretary to Government, Power development Department Civil Secretariat, Srinagar/Jammu, Pin Code 190001, Email:-comsect@gmail.com

2. Manging Director, Kashmir Power Distribution Corporation Ltd. Srinagar, Pin Code: 190001; Email:- Mdkpdcl@gmail.com

3. Chief Engineer Distribution Kashmir Power Distribution Corporation Ltd, Srinagar, Pin Code: 190001; Email:-chiefengkpdcl@gmail.com ..….Respondents By Advocate :- Mr. Satinder Singh vice Mr. Rais Ud Din Ganaie, DAG 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. 1431/2026 seeking

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Devendra Tripathi

permission to file a joint Original Application. For the reasons stated therein, the said miscellaneous application is allowed.

02. Learned counsel for the applicants submits that the applicants were initially engaged as daily-rated workers/PDLs-TDLs (DRWs) in the erstwhile Power Development Department and continued to discharge their duties in the Department. Their cases, along with those of other similarly situated employees, were considered for regularization by the Departmental Promotion Committee (DPC) in its meetings held on 29.07.2017 and 14.03.2018. However, while the regularization orders in respect of certain eligible employees were issued in 2018, the applicants’ cases could not be finalized at that stage on account of the requirement of obtaining relaxation from the prescribed age/qualification bar from the competent authority.

03. Learned counsel further submits that the aforesaid position is reflected in the order dated 04.12.2018, bearing

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Devendra Tripathi

No. C/MRE/172 of 2018, and the communication dated 27.12.2018, bearing No. CE/M&RE/37697-37700/DPC, issued by the Chief Engineer, M&RE. It is contended that the said communication records the decision of the DPC to seek the requisite relaxation in respect of PDLs/TDLs whose cases could not be finalized owing to the prescribed age/qualification criteria. The applicants’ cases, therefore, remained pending for want of the requisite relaxation and were not rejected on account of any adverse finding regarding their eligibility or suitability.

04. Learned counsel submits that, after completion of the requisite formalities and grant of the necessary relaxation by the competent authority in October 2022, the applicants were regularized in the regular cadre vide Order No. CE/D/KPDCL/172 of 2022, dated 13.10.2022. However, their regularization was made effective prospectively from the date of issuance of the said order.

05. It is further submitted that similarly situated daily-rated

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Devendra Tripathi workers of the Jammu Division, whose cases had also required relaxation of the prescribed age/qualification bar, were subsequently regularized vide

Order

No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022, with notional effect from 15.07.2019, while monetary benefits were allowed prospectively. Learned counsel contends that the applicants are similarly situated to the employees covered by the aforesaid order and that the respondents ought to have considered their claim for notional regularization from an appropriate anterior date, particularly in view of the DPC proceedings held on 29.07.2017 and 14.03.2018 and the subsequent grant of relaxation in their favour.

06. It is accordingly contended that restricting the applicants’ regularization to the date of issuance of the order dated 13.10.2022, without considering their claim for notional regularization and consequential service benefits, amounts to differential treatment of similarly situated employees. The applicants, therefore, seek consideration of their

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Devendra Tripathi claim for notional regularization with effect from the respective dates of consideration of their cases by the DPC, or from such other anterior date as may be permissible under the applicable rules, along with consequential benefits, particularly for the purposes of seniority and other service benefits, on the same analogy as adopted in respect of similarly situated employees of the Jammu Division under Order No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022. Learned counsel further submits that, despite representations dated 16.06.2026 and 31.08.2026, the applicants’ claim has not been decided by the respondents.

07. However, after arguing the matter for some time, learned counsel for the applicants submits 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’ claim for notional regularization from the appropriate anterior date, along with consequential service benefits, including

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Devendra Tripathi seniority, in light of the DPC proceedings dated 29.07.2017 and 14.03.2018, the subsequent relaxation granted in their favour, their regularization order dated 13.10.2022, and the treatment accorded to similarly situated employees of the Jammu Division under Order No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022 (Annexure A-4, page 66 of the Original Application), strictly in accordance with law and within a stipulated period.

08. Mr. Satinder Singh, learned Additional Advocate General, vice Mr. Rais Ud Din Ganaie, DAG appearing pursuant to the advance notice served by learned counsel for the applicants, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

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

10. Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the

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Devendra Tripathi considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicants.

11. 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 applicants’ claim for notional regularization from the appropriate anterior date, together with consequential service benefits, including seniority, in light of the DPC proceedings dated 29.07.2017 and 14.03.2018, the relaxation subsequently granted in their favour, the regularization order dated 13.10.2022, and the treatment accorded to similarly situated employees of the Jammu Division under Order No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022 (Annexure A-4, page 66 of the Original Application). The respondents shall examine whether the applicants are similarly situated to and entitled to parity with the

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Devendra Tripathi employees covered by the aforesaid order and shall consider their claim strictly in accordance with the applicable service rules, regulations, government instructions, and the law governing the field, subject to the applicants fulfilling the requisite eligibility conditions and entitlement and there being no legal impediment in doing so.

12. The competent authority shall pass a detailed, reasoned, and speaking order within a period of twelve weeks from the date of receipt of a certified copy of this order.

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

14. 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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Devendra Tripathi

15. There shall be no order as to costs.

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

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

28-10-2026 DEVENDRA TRIPATHI

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Devendra Tripathi