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Judgment
Rajinder Singh Dogra, Member J
Miscellaneous Application No. 184/2026
The present Miscellaneous Application filed by the applicants under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987, seeking permission to join and pursue the Original Application (O.A.) collectively, is allowed.
Accordingly, the applicants are hereby granted permission to join and proceed with the Original Application collectively.
Original Application No. 178/2026
The present Original Application has been filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i. Direct the respondents to consider and grant promotion to Applicant Nos.1 to 6 to the post of Senior Assistant strictly in accordance with the Jammu & Kashmir School Education (Subordinate) Service Recruitment Rules, 2008 issued vide SRO 308 dated 16.10.2008, without insisting
ii. Direct the respondents to consider and grant promotion to Applicant No.7 to the post of Head Assistant, in terms of SRO 308 dated 16.10.2008 read with SRO 272 dated 19.09.2008, particularly the proviso earmarking 25% promotional quota for Senior Assistants who has crossed the age of 50 years, with all consequential benefits;
iii. Direct the respondents to convene the Departmental Promotion Committee (DPC) and consider the case of the applicants strictly on the basis of their seniority position reflected in the final seniority lists dated 09.01.2025 and 09.05.2025;
iii. Grant all consequential benefits, including seniority, pay fixation and arrears of salary, from the date their immediate juniors were promoted;
Any other relief which the Hon'ble Tribunal may deem fit and appropriate in the facts and circumstances of the case.”
At the outset, learned counsel for the applicants submitted that the applicants would be satisfied if this Original Application is disposed of with the direction to the respondents to treat this OA as a representation and decided the same within a stipulated time period.
Considering the limited prayer made by the learned counsel for the applicants, it is deemed appropriate to dispose of the instant Original Application with direction to the respondents to treat a copy of this Original Application as a formal representation of the applicants for grant of promotion to the post of Senior Assistant in accordance with J&K School Education(Subordinate) Service Recruitment Rules, 2008 issued vide SRO 308 dated 16.10.2008, and also in the light of judgments passed by this Tribunal, annexed with OA (as Annexure A8 and A9); and if the applicants are found to be similarly situated to those of the aforementioned judgments, then same relief shall be granted to them; and pass a reasoned and speaking order forthwith.
Respondents shall complete the entire exercise within six weeks from the date of receipt of a certified copy of this order.
In view of the foregoing, the Original Application is disposed of with the above directions. No order as to costs.