Jammu & Kashmir High Court - Srinagar Bench
Hardeep Singh And Ors vs Ut Of Jk And Ors on 17 February, 2022
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 41
Supplementary cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) No. 240/2022
CM No. 646/2022
Caveat No. 126/2022
Hardeep Singh and Ors.
..... Petitioner(s)
Through: -
Mr. Faisal Qadri, Sr. Advocate with Mr. Altaf Mehraj, Advocate
V/s
UT of JK and Ors.
..... Respondent(s)
T hrough: -
Mr. M. A. Chashoo, AAG Mr. Zahoor Ahmad Shah, Advocate CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Mohd Akram Chowdhary, Judge (ORDER) 17.02.2022 Caveat No. 126/2022 Heard. Caveat discharged.WP(C) No. 240/2022
Petitioners are aggrieved of the order passed on 01.02.2022 in OA No. 20/2022, in terms whereof the Central Administrative Tribunal Bench, Srinagar, while issuing notice in OA No. 20/2022, has not considered the interim application for grant or otherwise of the relief, therefore, the instant writ petition.
Mr. Faisal Qadri, learned senior counsel appearing for the petitioners submits that because of non-consideration of the interim application, not only the rights of the petitioners are violated, but the order passed by the CAT, Bench, Jammu on 23.06.2021, in the earlier OA No. 901/2021 is also violated. Learned counsel has invited the attention of this Court to the said order dated 23.06.2021, passed in OA No. 901/2021 titled Hardeep Singh and Ors. Vs. PWD(R&B), in terms whereof the CAT, Bench, Jammu, while admitting the said OA to hearing, in the meanwhile, stayed the final seniority list, issued vide order dated 21.05.2021. Learned counsel further submits that the respondent Government in terms of order No. 15-PW(R&B) of 2022 dated 14.01.2022, have made promotion of the private respondents, whose seniority is under challenge, as Incharge Assistant Engineers (Mechanical) in their own pay and grade, which is challenged in OA No. 20/2022. Learned senior counsel further submits that the Government is not stopping only there, but are making further promotions of the Junior Engineers, whose seniority is stayed by the CAT, Bench, Jammu.
Mr. Zahoor Ahmad Shah, learned counsel appearing for the caveators, submits that delay in disposal of the OAs is on the part of the petitioners, who are not filing the rejoinder, otherwise the CAT Bench, is expediting the decision, which caveators are not averse to. He further submits that there shall be no objections if the CAT Bench, Srinagar, is directed to expedite the decision in the matter, in accordance with law, which may in the interest of parties.
Mr. M. A. Chashoo, learned AAG, who represents the PWD, submits that these arrangements are made in exigency of services and does not amount any substantive promotion. He further submits that the Government has to ensure placement of the officers against the posts which are created for smooth functioning and in the interest of administration.
Heard learned counsel for the parties, perused the records and considered the matter.
On examination of the matter, we are of the considered view that the CAT Bench, Srinagar, should expedite the decision on the subject of the seniority of the petitioners pending challenge in OAs, so as to enable the department to make substantive promotions. We are also of the considered view that the interim order is in force, therefore, the CAT Bench, was expected to pass some orders to further protect the lis.
In view of above, we maintain the order of CAT Bench, but only modify the same to the extent of directing the CAT Bench, Srinagar, to expedite the decision in the OAs expeditiously and not later than four months. In the meanwhile, the order passed by the CAT Bench, Jammu to the extent of staying the seniority is maintained subject to further orders by CAT Bench. The respondent Government is directed not to make any further promotions unless further orders from the CAT Bench, Srinagar.
Disposed of along with the connected CM(s).
(Mohd Akram Chowdhary) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
17.02.2022
"Mohammad Yasin Dar"
MOHAMMAD YASIN DAR
2022.02.18 15:43
I attest to the accuracy and
integrity of this document