Urfi Jan Guhnoo vs EDUCATION

O.A. No. 1161 of 2026
[1]
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1161 OF 2026
st
(Srinagar, 21 day of October 2026)

C O R A M
HON’BLE MR. M. S. LATIF, MEMBER (JUDL.)
............
1. Urfi Jan Guhnoo, age 40 years, D/o Mukhtar Ahmad Guhnoo,
R/o Kadipora, Anantnag, J&K-192101.

2. Mufti Asha Amin, age 46 years, D/o Mufti Mohd. Amin, R/o
Namlabal, Pampore, J&K 192121.
3. Rifat Ali, age 45 years, W/o Mohd. Alraf Hakim, R/o
Mominabad, Ashajipora, Anantnag, J&K-192101.

4. Suziama Ali, age 40 years, D/o Ali Mohd. Dar, R/o Shirpora
Bhalla, Anantnag, J&K 192101.
5. Naseema, age 45 years, D/o Ghulam Mohi-ud-din Rather, R/o
Bulbul Bagh, Bhagat, Srinagar, J&K 190005.
............ Applicant(s).

By Advocate : - Ms. Howra along with Ms. Rehmat.

Versus

1. Union Territory of J&K through Commissioner Secretary to
Education Department Government of J&K, Civil Secretariat,
Srinagar/ Jammu-190001
2. Director School Education, Kashmir, Srinagar-190001.
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........... Respondents.

By Advocate : - Mr. Satinder Singh, AAG.

O.A. No. 1161 of 2026
[2]
ORDER
(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)
The applicants, 05 (five) in number, have filed the instant
O.A. Since the cause of action and reliefs claimed by all the
applicants are identical, the M.A. for joint application under Rule
4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant O.A., the applicants seek
the following reliefs:

a. That this Hon'ble Tribunal may be pleased to allow and
accept the instant original Application.

b. By directing the non-applicants/respondents to accord the
same benefit /treatment to the applications herein in
pursuance to the communication bearing No.
DSEK/Legal/E7891227/918 dated 29/07/2026 whereby it
was held by the department that the applicants herein are
similarly situated as that of applicants no. 1, 3, 7 and 12 in
case titled as Zahoor Ahmad Rather and Ors VS UT of J&K
and Ors bearing O.A No. 1207/2022 who are duly figuring
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the Seniority List in the discipline of Environmental
Science and are presently discharging their duties as I/ C
Lecturer and in whose favour the School Education
Department has sought documents for confirmation of
their services.

c. Any other order or direction which thể Hon'ble Tribunal

O.A. No. 1161 of 2026
[3]
may deem fit and proper in the attending circumstances of
the case, may also be passed in favour of the applicants
and against the non-applicants.

3. What emerges from the pleadings made in the O.A. is that
the applicants are serving as Teachers in the School Education
Department and possess postgraduate qualifications in
Environmental Science, acquired through Sikkim Manipal
University prior to their appointment in the year 2007. It is added
that, despite possessing the requisite qualifications and having
rendered continuous service, their names were omitted from the
Tentative Seniority List of Post Graduate (PG) Masters/Teachers in
the discipline of Environmental Science issued on 30.09.2023, and
such omission has also deprived them of consideration for
placement as In-charge Lecturers in the said discipline.

4. It is averred that the respondent department issued
Government Order No. 28-Edu of 2014 dated 04.01.2014,
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providing for consideration of eligible PG Masters/Teachers for
placement as In-charge Lecturers. Certain eligible employees,
aggrieved by the non-consideration of their claims, approached the
Hon’ble High Court of Jammu and Kashmir in SWP No. 1507/2014,

O.A. No. 1161 of 2026
[4]
titled Zahoor Ahmad Rather & Ors. v. State of J&K & Ors. The
Hon’ble High Court, vide judgment dated 12.12.2017, directed the
respondents to consider the claims of the petitioners therein in the
light of the aforesaid Government Order and the relevant statutory
provisions.
5. It is contended in the O.A. that pursuant to the aforesaid
proceedings, the Government issued Government Order No. 940-
Edu of 2017, providing a mechanism for regulating
placements/promotions. In furtherance thereof, eligible PG
Masters/Teachers were placed as In-charge Lecturers through
Government Orders dated 25.07.2019 and 16.10.2019.
Subsequently, however, the Government Order No. 2189-JK(Edu)
of 2022 dated 16.12.2022 was issued, whereby the
placements/postings of 72 Masters/Teachers made through
various Government Orders were withdrawn ab initio and the
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incumbents were reverted to their substantive posts of
Teachers/Masters.
6. It is stated that the aforesaid Government Order dated
16.12.2022 was challenged before this Tribunal in O.A. No.

O.A. No. 1161 of 2026
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1207/2022, titled Zahoor Ahmad Rather & Ors. v. School Education
Department & Ors. The Tribunal, vide judgment dated 04.10.2024,
allowed the O.A., set aside the impugned Government Order and
directed the respondents to complete the process relating to
confirmation of the applicants against the posts of Lecturers in
Environmental Science strictly in accordance with law.
7. The applicants further rely upon a communication dated
13.09.2025 issued by the Additional Secretary (Law), School
Education Department, which, has recommended that the cases of
the applicants in O.A. No. 1207/2022 be placed before the One
Time Exemption Committee constituted vide Government Order
No. 188-JK(Edu) of 2024 dated 15.03.2024. The applicants submit
that applicant Nos. 1, 3, 7 and 12 in the said O.A. had already
completed their postgraduate degrees in the respective disciplines
and, therefore, did not require such exemption. The present
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applicants contend that their cases are similar to those of
applicants no. 1, 3, 7 and 12 in the said O.A., who, according to
them, possess the requisite postgraduate qualifications and do not
require any one-time exemption. On this basis, they claim parity

O.A. No. 1161 of 2026
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with the said employees for consideration for placement as In-
charge Lecturers in Environmental Science.
8. Learned counsel for the applicants, Ms. Howra along with
Ms. Rehmat, submits that the applicants' claim regarding inclusion
in the seniority list is covered by the Order passed by this Tribunal
in O.A. No. 844/2023, titled Ashiq Hussain Wani & Ors. v. UT of J&K
& Ors. In this regard, the applicants refer to a communication
dated 24.03.2026 issued by the School Education Department,
whereby service particulars, academic qualifications, PG
qualification, vigilance clearance and APRs, for the last three years
were sought in connection with consideration for placement as In-
charge Lecturers in Environmental Science. They submit that the
said proceedings are relevant to the cases of the applicants as well.
9. It is further stated that the applicants submitted a detailed
representation in the year 2024 before the competent authority,
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seeking inclusion of their names in the seniority list of PG
Masters/Teachers in Environmental Science, consideration for
placement as In-charge Lecturers and extension of the same
treatment as was accorded to applicants no. 1, 3, 7 and 12 in O.A.

O.A. No. 1161 of 2026
[7]
No. 1207/2022. As stated, despite the lapse of considerable time,
the respondents have failed to consider their case.
10. It is further stated that, pursuant to the communication
dated 24.03.2026, the Directorate of School Education, Kashmir,
forwarded the requisite documents to the School Education
Department, Civil Secretariat, vide communication No.
DSEK/Legal/E-7096223/790 dated 23.06.2026, in connection with
the confirmation of services of the applicants in O.A. No.
1207/2022. The applicants submit that the proceedings concerning
applicants no. 1, 3, 7 and 12 in the said O.A. have accordingly been
initiated and that they are similarly situated to those employees.

11. The applicants further aver that, after they again
approached the respondent department with their grievance, the
Directorate of School Education, Kashmir, vide communication No.
DSEK/Legal/E-7891227/918 dated 29.07.2026, addressed the
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Commissioner/Secretary to Government, School Education
Department, stating that the applicants were similarly situated to
applicants no. 1, 3, 7 and 12 in O.A. No. 1207/2022 and seeking
necessary instructions in the matter. As stated, despite the

O.A. No. 1161 of 2026
[8]
aforesaid communication and the recommendation made by the
Directorate, the School Education Department has not taken any
effective steps to redress their grievance.
12. In all, the grievance as projected by the applicants is that
despite possessing postgraduate qualifications in Environmental
Science and claiming parity with similarly situated employees
whose cases for confirmation and placement as Lecturers have
been processed pursuant to orders passed by this Tribunal, their
names have been omitted from the relevant seniority list and their
cases have not been considered for placement as In-charge
Lecturers.

13. Heard.

14. At the request of learned counsel for the applicants, the
O.A. is taken up for its disposal.
15. The O.A. is disposed of by providing that the respondents
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shall accord consideration in favour of the applicants, for their
inclusion in the seniority list in the Discipline of Environmental
Science and also consider their case for their promotion in
accordance with their seniority and in accordance with law. The

O.A. No. 1161 of 2026
[9]
respondents, while deciding the case of the applicants, shall take
note of the communication dated 29.07.2026, addressed by the
Additional Secretary (Legal), Directorate of School Education
Kashmir, to the Commissioner Secretary to the Govt. School
Education Department, Kashmir. It is expected that the needful
shall be done with promptitude within a period of three weeks
from the date a certified copy of this Order is served upon the
respondents. Needless to mention that this Court has not
expressed any opinion on the merits or otherwise of the case.

16. Accordingly, O.A. No. 1161/2026 is disposed of along with all
connected M.A.s, if any.

17. No order as to costs.

(M. S. Latif)
Member (Judl.)

Abhishek Punia
Court Master
21.10.2026
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