Central Administrative Tribunal

mohd ashraf aga and others vs JAL SHAKTI DEPARTMENT on 2 November 2026

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CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR

O.A. NO.: 1201 OF 2026

(Srinagar, 02nd day of November 2026)

C O R A M

HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)

HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)

............

1.

Mohd Ashraf Aga, age 62 years S/O Mohd Rajab Aga R/O

Vodhpora, Handwara, District- Kupwara, 193221 House- Number- 603 Mobile Number-9622577602

2.

Bashir Ahmad Lone, age 62 years, S/O Abdul Karim Lone R/O

Udipora, Handwara, District Kupwara, 193221. House Number- 109 Mobile Number-6006659946 3.

3.

Khazir Mohammad Tantray, age 61 years S/O Mohammad Abdullah Tantray R/O Turkpora, Handwara, District Kupwara, 193221 House Number-206 Mobile Number-9541660566

4.

Mohd Manwer Wani, aged 61 years S/O Abdul Gani Wani R/O

Zachildara, Handwara, District Kupwara, 193221 House Number-204 Mobile Number-9199460384.

5.

Mohd Ramzan Mir, age 62 years S/O Mohd Sidiq Mir. R/O

Vodhpora, Handwara, District Kupwara, 193221 House Number- 603i Mobile Number-9622577602.

6.

Ab. Majeed Dar, age 61 years S/O Abdul Khaliq Dar R/O

Batapora, Magam, Handwara, District Kupwara, 193221 House Number-499 Mobile Number-9906459328.

7.

Mohd Iqbal Wani, age 62 years S/O Abdul Khaliq Wani R/O

Bramari, Handwara, District Kupwara, 193221 House Number- 156 Mobile Number-9541216782.

8.

Ab. Rashid War, age 62 years S/O Abdul Aziz War R/O

Vodhpora, Handwara, District Kupwara, 193221 House Number- 155 Mobile Number- 6005084393

9.

Mohd Summendar Dar, age 62 years S/O Ghulam Qadir Dar R/O

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Adoora, Handwara, District Kupawara, 193221 House Number- 146 Mobile Number-9541486654

10.

Ghulam Mohd Mir, age 62 years S/O Wali Mohd Mir R/O Wader Payeen, Handwara, District Kupwara, 193221 House Number-

308. Mobile Number-95960863184

11.

Khazir Mohammad Mir, age 62 years S/O Mohd Maqbool Mir R/O Chanjimulla, Handwara, District Kupwara, 193221 House Number-3091 Mobile Number-6006905630

12.

Abdul Rashid Dar, age 61 years S/O Mohammad Maqbool Dar R/O Shanoo, Handwara, District Kupwara, 193302 House Number- S6 Mobile Number-9622882816

13.

Syed Khursheed Ahmad, age 626 years S/O Syed Shams-u-din R/O Rangpeth, Handwara, District Kupwara, 193221 House Number-24 Mobile Number-96224461981

14.

Ab. Ahad Mir, age 62 years S/O Gh. Ahmad Mir R/O Hardoona, Handwara, District Kupwara, 193222 House Number-35 Mobile Number-9596083873

15.

Gh. Mohi-udin Wani, age 62 years S/O Ab. Rehman Wani R/O

Autingroo (Hari), Handwara District Kupwara, 193221 House Number-60 Mobile Number-9541673854

16.

Mohd Anwar Dar, age 61 years S/O Abdul Aziz Dar R/O

Khanpora, Handwara District Kupwara, 193221 House Number-

10. Mobile Number-9541552997

17.

Ghulam Nabi Hajam, age 62 years S/O Ab. Khaliq Hajam R/O

Sirmargh, Handwara District Kupwara, 193221 House Number- 13 Mobile Number-9103743586

18.

Mohd Amin Khan, age 62 years S/O Mehboob Khan R/O

Autingroo, Handwara District Kupwara, 193221 House Number- 20, Mobile Number-9541024275.

19.

Gh. Hassan Mir, aged 59 years S/o Gh. Rasool Mir R/o Wadder Payeen, Tehsil Handwara, District Kupwara Pin Code 193221

House No. 63 Mobile No;-9103265163

20.

Jaffar Shah, aged 58-years S/o Gulla Shah R/o Laribal Tehsil Handwara, District Kupwara Pin Code 193221 House No. 21

Mobile No. 9797835989

21.

Syed Gh. Nabi Geelani, aged 59 years S/o Syed Jafer R/o Bowan

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Shathigam Tehsil Handwara, District Kupwara Pin Code 193221

House No. 102 Mobile No. 8082542264

22.

Gh. Qadir Mir, aged 59 years plus S/o Abdullah Mir R/o Changimulla, Tehsil Handwara, District Kupwara Pin Code 193221 House No. 26 Mobile No. 9541257554

23.

Khazir Mohd Mir, aged 58 years S/o Gh. Mohammad Mir R/o Bown Rajwar, Tehsil Handwara District Kupwara Pin Code 193221 House No. 68 Mobile No. 8493996675

24.

Ali Mohammad Mir, aged 59 years S/o-Gh. Nabi Mir R/o-Bown Watsir, Tehsil Handwara District Kupwara Pin Code 193221

House No. 44 Mobile No. 9797834485

25.

Ab Rehman Mir, aged 60 years S/o Ab Ahad Mir R/o Bagatpora, Tehsil Handwara District Kupwara Pin Code 193221 House No.

476 Mobile No. 6005068836

26.

Mohd Afzal Wani S/o Sonaullah Wani R/o Kinal, Tirathpora, Tehsil Handwara District Kupwara Pin Code 193221 House No.

428 Mobile No. 9541287642

27.

Gh. Mohd Bhat, aged 64 years S/o Mohd Akbar Bhat R/o Kinal, Tirathpora District Kupwara Pin Code 193221 House No. 628

Mobile No. 7006768892

28.

Idrees Shah S/o Nabiullah Shah R/o Katipora District Kupwara Pin Code 193224 House No. 15 Mobile No. 9906463833

29.

Gh Rasool Sheikh aged 60 years S/o Mohmad Sheikh R/o Poshwan, Zachal Dara, Tehsil Handwara District Kupwara Pin Code 193221 House No. 193 Mobile No. 9541287642.

............ Applicant(s).

By Advocate: - Mr. Mohammad Sameem Zargar.

Versus

1.

Union

Territory

of

Jammu

and

Kashmir

through

Commissioner secretary to Government, Department of Jal Shakti (PHE), Civil Secretariat, Jammu

&

Kashmir

Srinagar/Jammu, 190001.

2.

Chief Engineer, Department of Jal Shakti (PHE), Srinagar.

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3.

Superintending

Engineer,

Hydraulic

Circle

Kupwara,

Headquarter Handwara.

4.

Executive Engineer, Jal Shakti Department (PHE) Division Handwara 193221.

........ Official Respondents.

By Advocate: - Mr. Rais ud din Ganaie, DAG.

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ORDER

(Oral)

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

The applicants, 29 (twenty-nine) in number, have filed the instant O.A. Since the cause of action and reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant O.A., the applicants seek the following reliefs:

a. Direct the respondents to accord the benefit of first in-situ promotion to the applicants under SRO 14 of 1996, on the same analogy as extended to their similarly situated counterparts, in accordance with the applicable rules.

b. Direct the respondents to consider and decide the pending claim/representation of the applicants considering the communication dated 17.09.2026 issued by respondent No. 3, within a time-bound period.

c. Pass any other appropriate order or direction which this

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Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case, in favour of the applicants and against the respondents.

3. The facts as narrated in the O.A. are that the applicants are/were employees of the respondent department and have discharged their official duties to the satisfaction of the authorities. Their service particulars and employment status are reflected in the relevant extracts of their service books. It is contended that despite being similarly situated, the respondents have extended the benefit of first in-situ promotion under SRO 14 of 1996 to 06 (six) employees, while denying the same benefit to the remaining eligible applicants.

4. It is stated that some of the applicants have since attained the age of superannuation without receiving the consequential service and monetary benefits.

5. It is averred that the applicants have repeatedly represented to the respondent authorities seeking grant of the benefit of first in-situ promotion under SRO 14 of 1996 on the same analogy as extended to their similarly situated counterparts. Vide communication dated 17.09.2026, the latest representation dated

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05.09.2026 was forwarded by respondent no. 3 to respondent no. 2, along with his recommendation for appropriate consideration and necessary action. The said communication also recorded that the benefits under SRO 59 of 1990 stood withdrawn. However, respondent no. 2 has not taken any decision on the applicants' claim.

6. It is lastly contended that the denial of the benefit of in-situ promotion, despite its extension to six similarly situated employees and the recommendation made by respondent no. 3, amounts to discriminatory treatment. Being aggrieved by the continued inaction of the competent authority and non-consideration of their representations, the applicants have approached this Tribunal seeking appropriate reliefs in accordance with law while relying on the grounds as urged in the O.A.

7. Learned counsel for the applicants submits that he would be satisfied, if the instant O.A. is disposed of at the threshold, by directing the respondents to treat the same as representation.

8. Heard.

9. At the request of learned counsel for the applicants, the

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O.A. is taken up for its disposal.

10. The O.A. is disposed of by providing that the respondents shall treat this O.A. as a representation, who shall consider and decide the case of the applicants in accordance with law, keeping in view the merits of the case and the eligibility and entitlements of the applicants. The above exercise shall be done by passing a speaking and reasoned order within a period of 08 (eight) weeks from the date a certified copy of this Order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits or otherwise of the case and the same shall be strictly decided by the respondents in accordance with the rules governing the field.

11. Accordingly, O.A. No. 1201/2026 is disposed of along with all connected M.A.s, if any.

(Prasant Kumar) Member (Admn.) (M.S. Latif) Member (Judl.)

Abhishek Punia Court Master 02.11.2026

ABHISHEK PUNIA

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