Navid Anjum and Ors vs GENERAL ADMINISTRATIVE DEPARTMENT on 26 October 2026

1. Navid Anjum S/o Abdul Razak Malla R/o Gulabbagh Manasbal Ganderbal

2. Tufail Nazir S/o Nazir Ahmad Bhat R/o Ward No.01 Nowpora Bandipora

3. Mohd Ayoub Sheikh S/o Mohd Akbar Sheikh R/o Humjipora.

4. Muzzafar Ahmad Paray S/o Mohammad Maqbool Paray R/o Herpora Goosu Pulwama.

5. Mudasir Hassan Shah S/o Ghulam Hassań Shah R/o Pamposh Colony Natipora Srinagar.

6. Javid Hussain Bhat S/o Gh. Rasool Bhat R/o Lakhripora, /2026.

7. Mehraj U Deen Mir S/O Abdul Ahad Mir R/O Kangan Ganderbal.

8. Aamir Hussain S/o Gulam Rasool Rather R/o Ichigam Budgam.

9. Kaisar Mohmad Khan S/o Ghulam Mohammad Khan, R/o Soibugh Budgam.

10. Shabir Ahmad Bhat S/o Ali Mohammad Bhat R/o KHANPORA BUDGAM.

11. Mehraj Ud Din Wani S/o Gh Nabi Wani R/o Thamuna Pulwama.

12. Bilal Ahmad Lone S/O Ab Salam Lone R/O Chee Anantnag.

13. Najmeena Ali D/o Ali Mohd Bhat R/o Srandoo Kulgam.

14. Sair Munshi D/O Mohammed Shafi Munshi R/O Iqbal Abad, Kp Road, Anantnag.

15. Rayees Ahmad Bhat S/o Abdul Rahman Bhat R/o Krangsoo Mattan Anantnag.

16. Nadeem Ahmad S/o Ab Gani Yatoo R/o Drussu Pulwama.

17. Firdous Ahmad Dar S/o Mohammad Akbar Dar R/o Reban Rafiabad.

18. Ishfaq Ahmad Wani S/o Mohmad Ramzan Wani R/o Sursona Anantnag.

19. Farooq Ahmad Bhat S/o AB. Rehman Bhat R/o Shirpora Pattan Baramulla -193121.

20. Waseem Sultan Bhat S/o Mohd Sultan Bhat R/o Hibdangerpora Rafiabad Baramulla.

21. Sameer Ahmad Kraipak S/o Abdul Hamid Kraipak R/o Azadpora Anchidora Anantnag.

22. Sheikh Ashiq Rasool S/o Gh Rasool Sheikh R/o Lalpora Lolab.

23. Adil Amin Dar S/o Mohd Amin Dar R/o Kungamdara Pattan.

24. Mohd Ishaq Rather S/o Mohd Shaban Rather R/o Hanjipora Tehsil:Trehgam.

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25. Hilal Rashid Dar S/o Ab Rashid Dar R/o Shanoo Mawar Langate Kupwara.

26. Azahar Ahmad Shah S/O Ab Rashid Shah R/O Batpora Langate.

27. Tanveer Ahmad Dar S/o Gh Mohd Dar R/o Kohru.

28. Irshad Ahmad Bhat S/o Gh Mohd Bhat R/o Shailhall Handwara.

29. Pirzada Shabir Ahmad S/o Peerzada Abdul Rashid R/o Kupwara A/P Bemina Srinagar.

30. Saleem Jahangeer Wani S/o Mohd Gulzar Wani R/o Shumnagh.

31. Gh Hassan Payer S/o Ab Gafar Payer R/o Sonthipora.

32. Suhail Rashid Wani S/o Ab Rashid Wani R/o Maidan Chogal.

33. Imran Hassan Malik S/o Gh Hassan Malik R/o Batapora Shopian.

34. Ajaz Ahmad Dar S/O Jalal Ud Din Dar R/O Brazloo Jagir.

35. Muzamil Hamid S/o Abdul Hamid Shah R/o Chawalgam Kulgam. ……Applicants For the applicant : Ms Sehreen Zehra

VERSUS

1. UT of J&K through Commissioner Secretary to Government, General Administration Department, J&K Civil Secretariat, Srinagar/Jammu;Pin code; 190001

2. Union Territory of J&K through Commissioner Secretary to Education Department Government of J&K, Civil Secretariat, Srinagar/ Jammu- 190001.

3. Director School Education, Kashmir, Srinagar190001. (Non- applicants) …..Respondents For the respondents : Mr. Rais Ud Din Ganaie, ld. DAG

O R D E R (O R A L)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The applicants, thirty five (35) in number, have filed the instant O.A. Since, the cause of action and the reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant OA, applicants seek following reliefs:- “(i) To allow and accept the instant Original Application.

(ii) By issuance of appropriate order or direction for quashing of impugned communications bearing No.DSEK/NTS/44/2026/323 dated 24/01/2026 and document Location:

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Edu-NGK/522/2022-01(7043135) dated 10/09/2026 (Annexure-I)

(iii) Any other order or direction which the Hon’ble Tribunal may deem fit and proper in the attending circumstances of the case, may also be passed in favour of the applicants and against the non- applicants.

3. Alongside the main relief, the applicants also pray for interim relief that till disposal of the main OA, operation of the impugned communications bearing No.DSEK/NTS/44/2026/323 dated 24/01/2026 and Edu-NGK/522/2022-01(7043135) dated 10/09/2026 (Annexure-I) be kept in abeyance with a further directions upon the respondent No.3 to treat this OA as representation and same be decided on merits.

4. The case of the applicants is that the applicants were initially appointed as Junior Assistants in the respondents department and on the basis of their seniority and eligibility, they were promoted to the position/confirmed substantively to the post of Senior Assistant in accordance with SRO 272 of 2008 dated 19.09.2008, SRO 308 of 2008 dated 16.10.2008, coupled with the Order No.743 GAD of 2007 dated 28.06.2007. The aforesaid order has been issued by the government in compliance to the directions of the Hon’ble Apex Court in case titled as Suraj Prakash Gupta vs. State and others.

5. Now the applicants have acquired the eligibility for promotion to the post of Head Assistant by successfully completing three years substantive service as Senior Assistant as per the mandate of SRO 308 of 2008 dated 16.10.2008 mentioned in Schedule-IIA and have successfully qualified the Secretariat Assistants Examination in the year 2023. Resultantly, the applicants are eligible for promotion as Head Assistants as per the rules governing the field.

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6. In response to communication dated 24.01.2026, the respondent issued a impugned communication dated 10.09.2026, whereby the respondent sought clarification as well as objections, which is reproduced as under:- “Apropos the subject cited supra, I am directed to invite your kind attention towards Letter No. DSEK/NTS/44/2026/323 dated 24.01.2026 with the request to furnish your considered comments and specific recommendations concerning the following aspects, enabling this Department to proceed further:

(i) whether the proposed one-time relaxation is confined only to the identified officials appointed prior to the issuance of SRO-272 of 2008, and whether any other similarly situated officials are likely to be affected or acquire a comparable claim if such relaxation is granted; and

(ii) if the proposal for grant of one-time relaxation is acceded to, whether its implementation is likely to confer a similar claim upon other similarly situated officials and whether such action is likely to give rise to any future litigation or not.”

7. The General Administration Department has already clarified its stand vide U.O No.GADESTB/93/2022-09-GAD C.C (159230) dated 05.03.2025, which stands conveyed to the respondents vide communication bearing No.Edu-NGK/522/2022- 01(7043135) dated 24.03.2025.

8. The respondent Department is retracting from its earlier stand in contravention to the rules, which will have far reaching ramifications upon the service career and the seniority of the applicants.

9. Learned counsel for the applicants Ms Sehreen Zehra submits that she would be satisfied, at this stage, if a direction is given to the respondents to treat this OA as a representation and decide the matter of the applicants herein.

2. Heard the learned counsel for the parties. At the request of the learned counsel for the applicants, the instant OA is disposed of with a direction to the respondents to treat this OA as a representation of the document Location:

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applicants and pass a reasoned and speaking order in accordance with law, having regard to Annexure-A/4 (pg.81) subject to the entitlement of the applicants if there is no impediment, within a period of six weeks positively from the date of receipt of copy of this order.

10. It is made clear that we have not expressed any opinion on the merits of the case.

11. OA along with MA stands disposed of. No order as to costs.

Sd/- Sd/-

(PRASANT KUMAR) (M.S. LATIF)

MEMBER (A) MEMBER (J) sks/-

document Location:

S K Sinha