Central Administrative Tribunal
Javaid Ahmad Bhat vs JAL SHAKTI DEPARTMENT on 30 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR
Order Sheet
Item no.: 22
O.A./1213/2026 (SRINAGAR)
[ PROMOTION ]
Court No.: 1
No of Adjournment:
Order Dated: 30/10/2026
JAVAID AHMAD BHAT
Vs
JAL SHAKTI DEPARTMENT
For Applicant(s) Advocate : ISHTIYAQ AHMAD MIR
For Respondent(s) Advocate : MOHAMMAD RAIS UD DIN GANAIE
Order of The Tribunal
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1. In response to the advance notice served by the applicant, l earned counsel for the respondents has caused appearance.
2. Issue notice.
3. Mr. Rais-ud-Din Ganaie, learned Dy. AG accepts notice. He seeks time to file detailed reply to the Original Application. Be filed on or before the date fixed, with an advance copy to the other-side.
4. Learned counsel for the applicant submits that he does not wish to press the interim relief sought in para 9 (b) of the O.A and confines his prayer to the interim relief sought in prayer para 9(a), whereby,. a stay of the operation and effect of Office Order No. JSD/Estt/24245-57 dated 28.10.2026 and the Agenda Note issued therewith is sought, which proceed on the premise that the qualification of the Secretariat Assistant Training Course (SATC)/Foundation Course is a mandatory eligibility condition for promotion to the post of Senior Assistant.
5. The learned counsel for the applicants further submits that the SRO 272 dated 19.09.2008, does not prescribe the qualification of SATC as an eligible condition for promotion of Junior Assistant to that of the post of Sernior Assitant. It is accordingly, contended that in order to protect the subject matter of the O.A, operation of the Office Order No. JSD/Esstt/24245-57 dated 28.10.2026 be stayed.
6. Per contra the learned counsel for the respondents submits that SRO 272 dated 19.09.2008, specifically provides that a Junior Assistant appointed by way of direct recruitment or by promotion after issuance of this notification shall undergo and qualify the Secretariat Assistants Examination/Training, during the period of his probation. It is further submitted that pararaph No. 4 of the Governmnet Order No. 3128-JK(GAD) of 2021 dated 08.04.2021, which contain an explanatory clarification with respect to SRO 272 dated 19.09.2008, provides that the Junior Assistants appointed/promoted after issuance of SRO 272 of 2008 dated 19.09.2008, are require to undergo and qualify the J&K Secretariat Assistants Training Course at the level of Junior Assistant for considering their promotion as Senior Assistants.
7. The learned counsel further submits that notwithstanding the statement made by the learned counsel for the applicants that he does not wish to press the interim relief sought in paragraph 9(b) of the O.A, the interim relief claimed in remaining para 9
(a) and (c) if granted would have an adverse impact on other employees falling within the zone of consideration for promotion to the post of Sr. Assistants, such employees have not been impleaded as parties to the present proceedings and in their absence the petition suffers from the defect of non-joinder of necessary parties.
8. He further submits that the applicants have not qualified the SATC as on date. Therefore, their claim is meritless. He seeks time to file detailed response, in this regard.
9. The learned counsel for the applicants submits that the Government order dated 08.04.2021 is executive order and it can not override the statutory provisions of SRO 272 of 2008.
10. Per contra, the learned counsel for the respondents contends that the aforesaid Government Order has been issued "By order of the Government of J&K" and the SRO 272 of 2008 has also been issued "By order of the Government of J&K". Therefore, both the SRO and Government Order have same effect.
11. We have considered the contentsion of the learned counsel for the parties.
12. In view of the above contentions, we are of the considered view that a detailed response needs to be obtained from the respondents, before considering the interim relief.
13. Accordingly, the learned counsel for the respondents is directed to submit the detailed response on or before the next date fixed, with an advance copy to the other-side.
14. List the matter for considering the interim relief on 23.11.2026. Prasant Kumar Member (A) Justice Ritu Tagore Member (J) Jagdish ( ps consultant )