Central Administrative Tribunal - Srinagar
Arshed Ahmad Dhobi vs Health And Medical Education ... on 12 March, 2026
[1] O.A 184/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A 184/2026
12th March 2026
CORAM
TARIQ
Digitally signed by TARIQ AHMAD MOTA
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=
Central Administrative Tribunal, PostalCode=190001, L=Srinagar,
S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir
HON'BLE MR. M.S. LATIF, MEMBER (Judl.)
HON'BLE Mr. PRASANT KUMAR MEMBER (Adm.)
Chowk Srinagar Jammu and Kashmir 190001, Phone=
AHMAD
1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f5fc3929
eb575ac, SERIALNUMBER=
a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aae3eea08
382b1ec4, [email protected], CN=TARIQ AHMAD MOTA
Reason: I am approving this document
MOTA Location:
Date: 2026.03.23 10:33:27+05'30'
Foxit PDF Reader Version: 2025.2.1
............
01/ Arshad Ahmad Dhobi,
S/O Late Abdul Ahad Dhobi,
R/O Dhobipora, Ganderbal - 191201,
02/ Ms. Shagufta Gul,
D/o Late Ghulam Mohammad Ganai,
R/O Bakshiabad, Anantnag, District Anantnag - 192101.
...........Applicant/s
By Advocate : Mr. S.H.Furahi.
Versus
1) UT of Jammu and Kashmir through Administrative Secretary,
Health & Medical Education Department, J&K Government,
Civil Secretariat, Jammu - 180001.
2) Director Family Welfare, MCH & Immunization,
J&K - Nagrota, Jammu - 181221.
..........Respondent/s
By Advocate : MR. SYED MUSAIB - DAG
ORDER
M.S.LATIF, M (J) oral 01/ Through the medium of this petition, the petitioners have, inter alia, sought the following reliefs.
"The court may be pleased to stay the conduct of the Departmental Promotion Committee (DPC) for all categories in the Directorate of [2] O.A 184/2026 Family Welfare MCH & immunization Jammu and Kashmir until the grievances of the applicants are duly considered and decided in accordance with law with further prayer that as several employees belonging to different categories have already been promoted and are presently holding higher posts, and that DPCs have been conducted multiple times in past years for similarly situated employee and the petitioners, despite being eligible and senior, have been unjustly deprived of promotion for more than 20 years, amounting to discrimination, and violation of Articles 14 and 16 of the Constitution of India with further direction to the respondents to consider and grant promotion to the petitioners strictly in TARIQ Digitally signed by TARIQ AHMAD MOTA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Central Administrative Tribunal, PostalCode=190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and Kashmir 190001, Phone= accordance with their seniority, eligibility, and applicable rules, AHMAD prior to convening of any further DPC. Petitioners have also 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f5fc3929 eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aae3eea08 382b1ec4, [email protected], CN=TARIQ AHMAD MOTA Reason: I am approving this document MOTA Location:
Date: 2026.03.23 10:33:27+05'30' Foxit PDF Reader Version: 2025.2.1 sought a direction, as an interim measure, to direct the respondents to issue the formal orders of elevation in their favour to the posts of Junior Health Inspectors pay level 4 till final disposal of this petition."
03/ What is deducible from a glance into the pleadings made in the petition is that the claim of the petitioners for their elevation to the posts of Junior Health Inspectors, pay level 4, is not given due weightage despite they being much senior to the ones who have been promoted. Learned counsel for the petitioners submits that as per the seniority list, the petitioner No.1 he figures in District Cadre, Ganderbal, and the petitioner No.2 figures in District Cadre Anantnag. It is submitted that despite having elevated the juniors over the petitioners, without assigning any cause or justification, the Department is adamant to issue the formal orders of elevation in favour of other junior employees, who are being accommodated at various places to higher assignments, as, such, the legitimate right of the petitioners is affected adversely.
04/ Learned counsel further submits that despite the orders from this Hon'ble Central Administrative Tribunal having issued a direction in favour of petitioner No.1 on 22-07-2022, one Zubair Hussain Lone, who is junior to the petitioners got elevated as [3] O.A 184/2026 Junior Assistant in the pay level 4 in terms of order dated 29-08- 2018. He further submits that the elevation of the juniors to the exclusion of the petitioners is in violation of the permissible norms, rules, and regulations and, as the respondent Department is going to convene the DPC, the petitioners have every apprehension that their claim will again be brushed aside.
TARIQ Digitally signed by TARIQ AHMAD MOTA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Central Administrative Tribunal, PostalCode=190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Accordingly, it is submitted that the respondents be prohibited Chowk Srinagar Jammu and Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f5fc3929 eb575ac, SERIALNUMBER= from convening DPC on the scheduled date till the claim of the a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aae3eea08 382b1ec4, [email protected], CN=TARIQ AHMAD MOTA Reason: I am approving this document MOTA Location:
Date: 2026.03.23 10:33:27+05'30' Foxit PDF Reader Version: 2025.2.1 petitioners for their elevation to the next higher post is not considered.
05/ Learned counsel for the petitioners submits that denial of promotion of the petitioners to the post of Junior Health Inspector (Pay Level-4), despite availability of the post and the admitted eligibility of the petitioners coupled with the fact that the said Pay Level-4 stood covered, applicable, and available to the petitioners at the relevant time, the respondents failed to accord consideration to them, which action is illegal, arbitrary, discriminatory and wholly unsustainable in law. He further submits that there is no reason for non-elevation of the petitioners and the respondents are deliberately and unnecessarily delaying the consideration of the claim of the petitioners for their elevation despite they being much senior. It is submitted that one of the junior employees, namely Zubair Ahmad Lone, being an employee of Directorate of Health Services of Kashmir, has been elevated to the post of Junior Assistant pay level 4 in Directorate of Family Welfare Department illegally. One more junior employee, namely Abdul Nasir Wani, too was elevated to the next higher post i.e. Junior Health Inspector to the exclusion of the petitioners without [4] O.A 184/2026 assigning any cause or justification.
06/ Learned counsel further submits that the petitioner No. 1 is performing his duties as Field worker from 20 years and the petitioner No. 2 has 32 years of service to her credit and, despite court order, the respondents have slept over the matter unnecessarily and ignored the promotion of the petitioners, so TARIQ Digitally signed by TARIQ AHMAD MOTA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Central Administrative Tribunal, PostalCode=190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir much so, they have promoted the juniors in violation of Court Chowk Srinagar Jammu and Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f5fc3929 eb575ac, SERIALNUMBER= Order. It is pertinent to mention here that one candidate namely a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aae3eea08 382b1ec4, [email protected], CN=TARIQ AHMAD MOTA Reason: I am approving this document MOTA Location:
Date: 2026.03.23 10:33:27+05'30' Foxit PDF Reader Version: 2025.2.1 Zubair Hassan Lone joined in the Department in the Year 2014, while as the petitioner No.1 joined his services in the year 2005 and one more candidate namely Ab. Nasir Wani was appointed in the year 1997, while as petitioner No. 2 was appointed in 1995, which fact is authenticated by seniority list dated 30-07-2022, yet both the petitioners have been ignored for their elevation, which is violative of the permissible norms, rules, and regulations and the rule of natural Justice.
07/ Learned counsel submits that the Department is intending to convene a DPC and the petitioners have every apprehension that their claim will again be ignored and their juniors will be considered for promotion by the DPC. Learned counsel, as such, prays for staying of the proposal for convening the DPC. He submits that the respondents be directed to promote the petitioners to the cadre of their co-mates, who stand promoted in terms of order dated 11-12-2003, issued by Under-secretary to Government Health and Medical Education Department Civil Secretariat Srinagar.[5] O.A 184/2026
08/ Learned counsel submits that the petitioners have exhausted all the available remedies by approaching the respondents every now and then for consideration of their claim for promotion but the arbitrary and whimsical approach of the respondents in the case of petitioners herein, is suggestive of a deliberate delay on their part.Digitally signed by TARIQ AHMAD MOTA
TARIQ DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Central Administrative Tribunal, PostalCode=190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f5fc3929 eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aae3eea08 382b1ec4, [email protected], CN=TARIQ AHMAD MOTA 09/ Be that as it may, after arguing for a considerable length of time, Reason: I am approving this document MOTA Location:
Date: 2026.03.23 10:33:27+05'30' Foxit PDF Reader Version: 2025.2.1 learned counsel for the petitioners submitted that, as stated above, despite numerous efforts made by the petitioners for redressal of their grievances, till date their case has not been taken to the logical end. He submitted that the petitioners will be satisfied if this petition is disposed of at this stage with the direction to the respondents to treat this petition as representation of the petitioners and consider their case as expeditiously as possible, which proposition is not objected to by the learned appearing counsel for the respondents.
10/ Heard learned counsel for the parties and perused the contents urged in the petition along with annexures.
11/ In the backdrop of what has been discussed above and in view of innocuous prayer made by learned counsel for the petitioners, this petition is taken up for its final disposal, without commenting upon the merits or otherwise of the case. Accordingly, it is provided that the respondents will treat this O.A as representation of the petitioners and consider and dispose of the same strictly in accordance with law governing the field by passing a speaking and reasoned order, keeping in view the entitlement and merit of the petitioners. Needful to be done [6] O.A 184/2026 within a period of six weeks to be reckoned from the date a copy of this order is served upon them.
12/ For the foregoing reasons, this OA 184/2026 is, accordingly, disposed of along with connected M.As.
(PRASANT KUMAR) (M. S. LATIF )
Member (Adm.) Member (Judl.)
TARIQ MOTA (2)
Digitally signed by TARIQ AHMAD MOTA
TARIQ DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Central Administrative Tribunal, PostalCode=190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f5fc3929 12-03-2026.
eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aae3eea08 382b1ec4, [email protected], CN=TARIQ AHMAD MOTA Reason: I am approving this document MOTA Location:
Date: 2026.03.23 10:33:27+05'30' Foxit PDF Reader Version: 2025.2.1 CONSULTANT (PS)