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:: 1 :: O.A. No. 1372/2021

-CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Original Application No. 1372/2021

Reserved on:- 26.12.2025

Pronounced on: - 04.02.2026

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

1. Mohammad Ausman Age 28 years S/o Late Sabir Hussain R/o Village

Sanghiote, Tehsil Mendhar District Poonch

2. Tahir Afzal Age 29 years S/o Sh. Noor Mohd. R/o Village Mahote,

Tehsil Surankote, District Poonch.

...Applicants

(By Advocate: - Mr. Abhinav Sharma, Sr. Adv)

VERSUS

1. Union Territory of J&K Through Commissioner/Secretary to Govt.

Jal Shakti Department Civil Secretariat, Jammu-180001.

2. Chief Engineer, Irrigation & Flood Control Department Jammu-

180001

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 2 :: O.A. No. 1372/2021

3. Executive Engineer, Irrigation & Flood Control Division

Poonch-185101

…Respondents.

(By Advocate: - Mr. Rajesh Thappa, learned A.A.G.)

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 3 :: O.A. No. 1372/2021

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicants have filed the present Original Application under

Section 19 of the Administrative Tribunals Act, 1985 seeking the

following reliefs: -

a) allow the instant Original Application;

b) direct the respondents to amend the Jammu and Kashmir

Engineering Subordinate Service Recruitment Rules 1989

issued under SRO 180 dated 26.05.1997 so as to create the

avenues for promotion of Khalasi as has been done in the

Jammu and Kashmir Public Health Engineering Sub-ordinate

Services Rules 1989 issued vide SRO 380 dated 29.09.1989;

c) direct the respondents to promote the applicants to the next

higher post in the Pay band of 5200-20200+G.P Rs 1900, once

amendment has been made in the Jammu and Kashmir

Engineering Recruitment Rules 1989; Subordinate Service

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 4 :: O.A. No. 1372/2021

d) Any other order or direction which this Hon'ble Court may

deem fit or proper in the facts and circumstances of the case;

2. The facts of the case as averred by the applicants in their pleadings,

are as follows: -

a) The applicants have approached this Tribunal under Section 19

of the Administrative Tribunals Act, 1985 seeking directions

for creation of promotional avenues for the post of Khalasi in

the Irrigation & Flood Control Department (now Jal Shakti

Department) by amendment of the Jammu and Kashmir

Engineering Subordinate Service Recruitment Rules, 1989,

notified vide SRO 180 dated 26.05.1997, and consequential

promotion to the next higher post.

b) Applicant No.1 was appointed as Khalasi (Class-IV) on

compassionate grounds under SRO-43 of 1994 pursuant to the

death of his father while in service as Junior Assistant. He was

appointed vide Government Order No. 223-PW(Hyd) of 2012

dated 01.06.2012 in the pay scale of 4440-7440 with Grade Pay

₹1300 and was subsequently adjusted in the Irrigation Division,

Digitally signed by

HARSHIT YADAV

HARSHIT YADAV

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:: 5 :: O.A. No. 1372/2021

Poonch. He joined service on 27.06.2012 and was later declared

quasi-permanent w.e.f. 27.06.2015. During service, Applicant

No.1 acquired higher educational qualifications, namely B.A.

(2017) and M.A. (2020) from IGNOU through distance mode.

c) Applicant No.2 was selected and appointed as Khalasi under

the Scheduled Tribe category vide order dated 16.06.2014

issued by the Chairman, District Recruitment Committee,

Poonch, and was adjusted in the Irrigation & Flood Control

Division, Poonch on 26.08.2014. He has also acquired higher

educational qualifications, including B.Sc. from the University

of Jammu and M.A. from IGNOU in the year 2019.

d) The grievance raised by the applicants is that despite rendering

several years of service, no promotional avenues are available

to the post of Khalasi under the Engineering Subordinate

Service Recruitment Rules, 1997, resulting in stagnation. The

applicants contend that under the Jammu and Kashmir Public

Health Engineering (Subordinate

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