mustafa kamal and others vs GENERAL ADMINISTRATIVE DEPARTMENT UT OF LADAKH

1 O.A. 943 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR

O.A. No.943/2026
nd
Date of Order: 2 September, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(Judl.)
HON’BLE Mr. PRASANT KUMAR MEMBER [Admn.]

1. Mustafa Kamal, aged 42 years S/o Mohd Kamal R/o
Pandrass, Kargil, Union Territory of Ladakh - 194102.
2. Shabeer Hussain, aged 42 years S/o Mohd Hassan.R/o
Kaksar, Kargil, Union Territory of Ladakh - 194302.
3. Syed Ayoub Shah, aged 42 years S/o Akbar Shah R/o
Panikhar, Kargil, Union Territory of Ladakh - 194301.
4. Rehana Akhtar, aged 53 years D/o Ghulam Abass R/o
Leh, Union Territory of Ladakh - 194101.
5. Mehnaz Parveen, aged 41 years D/o Abdul Haque R/o
Leh, Union Territory of Ladakh – 194101.
6. Mushtaq Ahmad Khan, aged 41 years S/o Mohd Afzal
Khan R/o Zanskar, Kargil, Union Territory of Ladakh
- 194302.
.…Applicants

Mr. Shuja Ul Haq
By Advocate :

Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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VERSUS

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1. Union Territory of Ladakh through Chief Secretary to
Government, General Administration Department,
Civil Secretariat Kargil, 194103

2. Administrative Secretary to Government, Power
Development Department (PDD), Civil Secretariat,
Kargil Union Territory of Ladakh.
3. Chief Engineer, Power Development Department
(PDD), Civil Secretariat Kargil, Union Territory of

2 O.A. 943 OF 2026

Ladakh.
....Respondents

By Advocate :- Ms. Humaira Jan Vice Mr. Tahir Majid Shamsi,
DSGI

O R D E R (ORAL)
JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. The case of the applicants as projected in the O.A. is that they were
appointed as Junior Engineers (Electrical) in the Power
Development Department in the year 2009 and have rendered more
than seventeen years of service. Consequent upon the re-
organisation, their services were allocated to the Union Territory of
Ladakh.
02. It is submitted in O.A. that under the applicable Engineering
Service Rules, diploma-holder Junior Engineers are entitled to be
considered for promotion to the post of Assistant Engineer against
their prescribed quota. Several senior diploma-holder Junior
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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Engineers have already been placed as In-Charge Assistant
Engineers, and the applicants are amongst the next senior-most
eligible Junior Engineers.
03. It is averred in the O.A. that the grievance of the applicants
assumes significance in view of the fact that eligible diploma-

3 O.A. 943 OF 2026

holder Junior Engineers senior to the applicants have already been
extended the benefit of placement/promotion as In-Charge
Assistant Engineers. The applicants, being diploma-holder Junior
Engineers of the 2009 batch, have rendered more than seventeen
years of continuous and unblemished service on the post of Junior
Engineer and are amongst the remaining senior-most eligible
Junior Engineers awaiting advancement to the next higher post.
Despite their long service, requisite technical experience and
eligibility, the applicants continue to stagnate on the post of Junior
Engineer without any advancement in their service career, while
similarly situated and senior Junior Engineers have already been
granted placement/promotion as In-Charge Assistant Engineers. It
is further averred that several posts of Assistant Engineer, which
were earlier earmarked for direct recruitment, have remained
vacant after the process of direct recruitment was recalled, and
further vacancies in the cadre of Assistant Engineer have either
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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arisen or are likely to arise, thereby creating sufficient promotional
avenues for eligible Junior Engineers, including the applicants.
Thus, despite the availability of promotional avenues and
vacancies in the cadre of Assistant Engineer, the applicants have
been deprived of due consideration for placement/promotion to the
next higher post, and such continued denial of consideration,

4 O.A. 943 OF 2026

notwithstanding their seniority, eligibility, long service and
availability of vacancies, has resulted in prolonged and unjustified
stagnation, causing serious prejudice to the applicants.
04. Learned counsel for the applicants submits that the aforesaid
inaction on the part of the respondents is contrary to the express
mandate of Clause 7(4)(ii) of S.O. 109 dated 20.03.2020, which
specifically provides that the promotion quota vacancies shall be
filled up by the department from amongst the existing employees
as on the appointed date, in accordance with the rules and
regulations prevalent in the department. The applicants, being
existing employees and eligible diploma-holder Junior Engineers,
are entitled to have their cases duly considered against the
available and arising vacancies in accordance with the prescribed
promotional quota and the applicable service rules. The
respondents cannot, on the one hand, keep the available posts of
Assistant Engineers vacant after recall of the direct recruitment
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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process and, on the other hand, permit the applicants to remain
stagnated on the post of Junior Engineer for more than seventeen
years. The aforesaid provision casts a corresponding statutory
obligation upon the respondents to fill the available promotional
vacancies from amongst the existing eligible employees, including

5 O.A. 943 OF 2026

the applicants, strictly in accordance with the applicable rules and
the prescribed quota.

05. Therefore, aggrieved by the continued stagnation and non-
consideration of their cases for placement/promotion to the post of
Assistant Engineer against the available and arising vacancies, the
applicants submitted a detailed representation dated 13.08.2026
before the respondents, bringing to their notice their long and
continuous service of more than seventeen years as Junior
Engineers, the availability of vacant posts of Assistant Engineers,
and the mandate contained in Clause 7(4)(ii) of S.O. 109 dated
20.03.2020. However, despite the lapse of considerable time, the
said representation has neither been considered nor any decision
thereon has been communicated to the applicants. The continued
inaction and failure on the part of the respondents to consider and
decide the legitimate claim of the applicants has left them with no
efficacious alternative remedy except to approach this Hon’ble
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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Tribunal for seeking appropriate directions for consideration of
their cases for placement/promotion to the post of Assistant
Engineer in accordance with the applicable service rules and
prescribed quota.
06. Through the medium of the instant petition the applicants seek for
the following reliefs-

6 O.A. 943 OF 2026

a) By issuance of an appropriate order or direction
respondents be directed to consider and promote/place
the applicants as Assistant Engineers (Electrical)
against the available vacant posts, including the posts
earlier earmarked for direct recruitment and
subsequently recalled, strictly in terms of Clause
7(4)(ii) of S.O. 109 dated 20.03.2020 and the applicable
rules governing the service.
b) By issuance of an appropriate order or direction,
respondents be directed to fill the available and arising
vacancies of Assistant Engineer, including the
vacancies earlier earmarked for direct recruitment and
subsequently recalled, from amongst the existing
eligible Junior Engineers, strictly in accordance with
Clause 7(4)(ii) of S.O. 109 dated 20.03.2020, the
applicable service rules from the existing in service Jr.
Engineers.
c) By issuance of an appropriate order or direction
respondents be directed to consider and take a final
decision on the representation dated 13-08-2026
submitted by the applicants, in the light of Clause
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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7(4)(ii) of S.O. 109 dated 20.03.2020, the applicable
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service rules and the observations/directions of this
Hon'ble Tribunal, within a time-bound period to be
fixed by this Hon'ble Tribunal.
d) Grant any other or further relief, including interim
relief, which this Hon'ble Tribunal may deem fit and
proper in the facts and circumstances of the present
case.

7 O.A. 943 OF 2026

07. Learned counsel for the applicants argued the matter at length and
submitted that the applicant would be satisfied if the present O.A
is treated as a representation and the respondents are directed to
consider and decide the same within a stipulated time frame, in
light of the averments made therein, subject to Rules and
Regulations, Clause 7(4)(ii) of S.O. 109 dated 20.03.2020, along
with the documents annexed and the law applicable in the instant
case.
08. Learned counsel for the respondents, Ms. Humaira Jan, submits
that, without prejudice to their rights and contentions, the
respondents have no objection if the present O.A is treated as a
representation and is disposed of in terms of the submissions
advanced on behalf of the petitioner.
09. Heard learned counsel for the parties.
10. Learned counsel for the parties are ad idem that the present O.A
may be disposed of at this stage by treating the same as a
Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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representation.
11. Accordingly, without expressing any opinion on the merits of the
case, the present O.A is disposed of with a direction to respondents
to treat this O.A as representation and to accord due consideration
to the assertions made therein, in light of the law holding the field
and subject to the entitlement and eligibility of the applicant, as

8 O.A. 943 OF 2026

well as other applicable conditions and subject to Rules and
Regulations, Clause 7(4)(ii) of S.O. 109 dated 20.03.2020.
Further, if there is no impediment. Respondents shall also take into
consideration the documents annexed with the O.A while
according such consideration.
12. The said exercise shall be completed within a period of six weeks
from the date of receipt of a copy of this order, by passing a
comprehensive reasoned, speaking, and detailed order.
13. Accordingly, O.A No. 943/2026 is disposed of along with the
connected M.As., if any, parties are to bear their own costs. The
M.A./1147/2026 seeking joint application is also allowed.
14. Consign the file to the Record Room, after due compliance.

(PRASANT KUMAR ) (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)

Shubham sharma

Digitally signed by SHUBHAM SHARMA
DN: CN=SHUBHAM SHARMA, O=CENTRAL
ADMINISTRATIVE TRIBUNAL, OU=CAT SRINAGAR
SHUBHAM BENCH, [email protected]
Reason: I am the author of this document
Location: SRINAGAR BENCH
Date: 2026.09.07 12:03:13+05'30'
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