Abdul rehman mir vs POWER DEVELOPMENT DEPARTMENT

ITEM 08 1 OA 956 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 956/2026
rd
Date of Order: 03 September, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

1) Abdul Rehman Mir aged 59 Years S/o Habibullah Mir
R/o Barhama Qazigund Kulgam Kashmir, 192231
2) Mohamad Amin Bhat aged 52 years S/o Ab. Aziz Bhat
R/o Nusoo Badragund Qazigund Kulgam Kasmir,
192221.
3) Mohammad Yousuf Bhat aged 55 years S/o Sanaullah
Bat R/o Agroo Kilam Kulgam Kashmir, 192231.
4) Gulam Mohi ud Din Hajam 52 years S/o Gulam
Rasool Hajam R/o Dooru Anantnag Kashmir, 192211.
5) Sajad Hussain Tantray aged 57 years S/o Gh. Qadir
Tantray R/o Walteengo Kund Kulgam, 192221.
6) Gh. Nabi Seh aged 58 years S/o Mohd. Ibrahim Seh
R/o Mehmoodabad Duru Anantnag Kashmir, 192211.
7) Manzoor Ahmad Padder aged 50 years S/o Ab. Rashid
Padder R/o Shurath Kulgam, 192231.
8) Mashooq Ahmad Bhat aged 52 years S/o Mohd. Ismail
Bhat R/o Kulgam Kasmir, 192231.
9) Altaf Hussain Parray aged 53 years S/o Ab. Majeed
Parray
R/o Chee Anantnag Kashmir, 192101.
10) Mohd Altaf Wani aged 44 years S/o Mohd Ramzan
Wani R/o Pehroo Anantnag Kashmir, 192101.
11) Shakeel Ahmad Alaie aged 50 years S/o Sanaullah
Alaie R/o Hamzapora Bijbehara Anantnag Kashmir,
192124.
……Applicants
By Advocate :
Mr. Shuja Ul Haq through VC
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ITEM 08 2 OA 956 OF 2026

VERSUS
1) Union Territory of Jammu and Kashmir through
Commissioner Secretary to Government, Power
Development Department J&K, Civil Secretariat Srinagar
Kashmir, 190001.
2) Managing Director, Kashmir Power Development
Corporation (KPDCL), Srinagar Kashmir, 190001
3) Chief Engineer, Kashmir Power Development
Corporation (KPDCL), Srinagar Kashmir, 190001.
4) Superintending Engineer (South), Circle Bijbehara
Kashmir, 192124.
..….Respondents
By Advocate :-
Mr. Rais UD Din Ganaie, DAG

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

01. Before proceeding further, it is revealed from the record
that the applicants have filed M.A. No. 1166/2026 seeking
permission to file a joint application. For the reasons
stated therein, the said M.A. is allowed.
02.
Learned counsel for the applicants submits that the
applicants are working as Lineman-II in the respondent-
department and have rendered more than two decades of
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ITEM 08 3 OA 956 OF 2026

service with sincerity, dedication and devotion to their
duties. It is submitted that, despite their long tenure and
experience, the applicants have not been afforded an
effective promotional avenue, resulting in stagnation in
their service careers.
03. Learned counsel further submits that the respondent-
department undertook the exercise of preparing the cadre
seniority of the Executive Staff (Lineman-II) working in
the pay scale of SL-2 (₹15,900–50,400) in District Cadre
Anantnag/Kulgam and issued a tentative seniority list
inviting objections from the concerned incumbents. The
applicants were reflected at different serial numbers in the
said tentative seniority list. It is submitted that, after
consideration of the objections/representations received
from the concerned incumbents, the respondent-
department issued a final seniority list of Executive Staff
(Lineman-II) of District Cadre Anantnag/Kulgam. It is
stated that some of the applicants were retained in the
final seniority list, whereas some of those whose names
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ITEM 08 4 OA 956 OF 2026

had figured in the tentative seniority list were not included
in the final seniority list.
04. Learned counsel submits that the respondent-department
had, in the past, followed a procedure under which
Matriculate and ITI-trained employees were considered
for promotion against the respective promotional quota
and available vacancies. According to the applicants, the
said practice continued up to the year 2018 and similarly
situated employees belonging to the same cadre were
considered and promoted thereunder. In support of the
aforesaid submission, learned counsel refers to Order No.
SE/EM&RE/DPC/37 of 2018 dated 18.10.2018 issued by
the Chairman, District Level Departmental Promotion
Committee, Anantnag/Kulgam, whereby, pursuant to
Government Order No. 18-PDD dated 23.01.2015 and the
decision taken in the 2nd District Level Departmental
Promotion Committee meeting held on 01.09.2018,
twenty Matriculate Executive Staff working in the pay
band of ₹4440–7440 with Grade Pay of ₹1400 were
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ITEM 08 5 OA 956 OF 2026

temporarily promoted/placed in the pay scale of ₹5200–
20200 with Grade Pay of ₹1900 against the post of Meter
Reader and posted against available vacancies.
05. It is submitted that the applicants approached the
concerned authorities seeking consideration of their cases
on the basis of the aforesaid procedure and were assured
that their cases would be considered as and when
vacancies arose. The applicants, relying upon the said
assurance, continued to await consideration of their cases.
However, according to learned counsel, despite vacancies
subsequently becoming available in the relevant
promotional posts, no effective action was taken by the
respondents to consider the applicants for promotion.
06. Learned counsel submits that the aforesaid departmental
record demonstrates that Matriculate Executive Staff had,
in the past, been considered for promotion against
available vacancies and that twenty similarly situated
employees were granted such benefit in the year 2018.
The applicants claim that, being similarly situated
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ITEM 08 6 OA 956 OF 2026

Matriculate Lineman-II employees, they are also entitled
to fair and lawful consideration of their cases in
accordance with the applicable rules and the procedure
followed by the department.
07.
It is further submitted that the Chief Engineer,
Distribution, KPDCL, vide communication dated
27.12.2025 addressed to the Managing Director, KPDCL,
made a proposal that a suitable percentage, preferably 5–
10%, be kept under the promotion quota for
Matriculate/higher-qualified incumbents who are not ITI
qualified, keeping in view their academic qualifications.
Learned counsel submits that the said proposal
demonstrates that the competent authority itself has
recognised the issue concerning promotional avenues for
Matriculate/non-ITI employees and has proposed a
mechanism for addressing the same.
08. Learned counsel further submits that the aforesaid
proposal assumes significance in the case of the applicants
as they belong to the category of Matriculate Lineman-II
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ITEM 08 7 OA 956 OF 2026

employees and, according to them, their promotional
avenues are not adequately accommodated under the
existing/proposed framework. It is submitted that the
proposal for earmarking 5–10% of posts under the
promotion quota requires consideration by the competent
authorities in accordance with the applicable rules and
administrative framework.
09. It is further submitted that the issue was thereafter brought
to the notice of the respondent-authorities through a
detailed representation submitted by the J&K Non-
Gazetted Electrical Employees Association dated
10.03.2026, raising the grievance concerning the
promotional avenues of Matriculate Executive
Staff/Lineman-II employees and seeking appropriate
consideration of their cases for promotion against
available higher posts.
10. Learned counsel submits that, pursuant to the aforesaid
representation, the Superintending Engineer, O&M,
KPDCL Circle Bijbehara, vide communication No.
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ITEM 08 8 OA 956 OF 2026

SE/O&M/Bij/AS/102 dated 03.04.2026 addressed to the
Chief Engineer, Distribution, KPDCL, Srinagar, brought
on record the grievance of Matriculate Executive
Staff/Lineman-II/Junior Lineman and stated that
representations had been received from such employees
seeking consideration of their cases for promotion against
higher posts of Meter Reader/Tech-III.
11. It is further submitted that the aforesaid communication
also referred to the availability of vacancies against the
higher posts of Tech-III and Meter Reader in the
concerned Circle. According to learned counsel, the
availability of such vacancies is relevant to the grievance
raised by the applicants, particularly when their cases
have already been brought to the notice of the competent
authorities and the department itself has proposed an
appropriate promotional mechanism for Matriculate/non-
ITI incumbents.
12. Learned counsel submits that, when the aforesaid
departmental communications and other material are read
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ITEM 08 9 OA 956 OF 2026

together, it becomes apparent that the grievance raised by
the applicants is not merely individual in nature.
According to the applicants, the respondent-department
itself has recognised the difficulty in providing
promotional avenues to Matriculate/non-ITI incumbents, a
proposal for earmarking 5–10% promotional quota has
been made by the competent departmental authority,
representations have been submitted by the affected
employees, and the availability of vacancies in the higher
posts has also been brought on record.
13. It is submitted that the applicants do not seek promotion in
disregard of the applicable service conditions or eligibility
requirements. Rather, they seek consideration of their
cases in accordance with the applicable rules and the
promotional procedure earlier followed by the department
in respect of similarly situated employees. They also seek
appropriate consideration of the departmental proposal for
providing a defined promotional avenue to
Matriculate/non-ITI incumbents.
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ITEM 08 10 OA 956 OF 2026

14. Learned counsel further submits that the inclusion of the
applicants in the tentative and final seniority exercises, to
the extent their names have been retained therein, is also
relevant for consideration of their claim, as the same
reflects their position in the cadre of Executive Staff
(Lineman-II). It is submitted that their cases are required
to be examined with reference to their cadre position,
qualifications, seniority, experience, applicable rules and
the availability of promotional vacancies.
15.
It is further submitted that, despite the departmental
proposal, representations made on behalf of the affected
employees, communications exchanged between the
concerned authorities and the availability of vacancies in
the relevant promotional posts, no final decision has been
taken regarding the proposed promotional quota for
Matriculate/non-ITI employees. Consequently, according
to the applicants, they continue to remain without an
effective promotional avenue.
16. Learned counsel submits that the respondents are required
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ITEM 08 11 OA 956 OF 2026

to examine the aforesaid grievance and take an
appropriate decision on the departmental proposal for
providing a suitable promotional quota to
Matriculate/non-ITI Lineman-II employees, while also
considering the individual cases of the applicants in
accordance with the applicable rules, their eligibility,
seniority, qualifications, experience and the availability of
vacancies.
17. It is contended that the failure of the respondents to
address the grievance, despite the matter having been
repeatedly brought to their notice and despite the
applicants having rendered more than two decades of
service, has caused continuing prejudice to them and has
resulted in stagnation in their service careers.
18.
Learned counsel submits that the applicants rely upon the
settled principle that although an employee does not have
a fundamental right to promotion as such, an eligible
employee has a right to fair and lawful consideration for
promotion in accordance with the applicable rules. It is
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ITEM 08 12 OA 956 OF 2026

submitted that the applicants accordingly seek
consideration of their cases and not a direction for
automatic promotion.
19. Learned counsel further submits that the respondents may
examine the applicants' eligibility, seniority,
qualifications, service record, availability of vacancies and
all other relevant factors in accordance with the applicable
rules. The applicants, according to learned counsel, only
seek a meaningful opportunity of consideration and
appropriate action on the departmental proposal
concerning the promotional quota.
20. Learned counsel submits that the applicants have
approached the competent authorities and submitted
representations seeking consideration of their cases for
promotion and appropriate action on the proposal for
providing a promotional quota for Matriculate/non-ITI
employees. According to learned counsel, despite the
representations and the communications exchanged
between the respondent-authorities, no final and effective
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ITEM 08 13 OA 956 OF 2026

decision has been communicated to the applicants,
compelling them to approach this Tribunal.
21. Learned counsel submits that the applicants have not filed
any other proceedings before this Tribunal or any other
Court seeking the same or substantially similar reliefs and
that the subject matter of the present Original Application
is not pending adjudication before any other Court or
Tribunal.
22. However, after arguing the matter for some time, learned
counsel for the applicants submits that the ends of justice
would be adequately served if a direction is issued to the
respondents to treat the present Original Application as a
representation and consider the assertions made therein,
along with the documents annexed thereto, strictly in
accordance with law within a stipulated period.
23. Mr. Rais-ud-Din Ganaie, learned Deputy Advocate
General, appearing pursuant to the advance notice served
by learned counsel for the applicants, submits that the
present Original Application may be disposed of with
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ITEM 08 14 OA 956 OF 2026

appropriate directions, without prejudice to the rights and
contentions of the respondents.
24. Heard learned counsel for the parties and perused the
record.
25.
Having considered the submissions made at the Bar and
the material placed on record, this Tribunal is of the
considered opinion that, in view of the limited prayer now
made by learned counsel for the applicants, no useful
purpose would be served by keeping the present Original
Application pending for adjudication on merits.
26. Accordingly, without expressing any opinion on the
merits of the controversy, the present Original Application
is disposed of with a direction to the respondents to treat
the same as a representation of the applicants and consider
the claims and assertions made therein, together with the
documents annexed thereto, including the departmental
communications and representations relied upon by the
applicants, strictly in accordance with the applicable rules,
regulations and law governing the field.
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ITEM 08 15 OA 956 OF 2026

27. The respondents shall pass a detailed, reasoned and
speaking order on the claims of the applicants within a
period of eight weeks from the date of receipt of a
certified copy of this order and shall communicate the
decision so taken to the applicants forthwith thereafter.
28. It is made clear that this Tribunal has not expressed any
opinion on the merits of the claims raised by the
applicants. Nothing contained in this order shall be
construed as a direction to grant promotion to the
applicants, create a promotional quota contrary to the
applicable rules, or confer upon the applicants any right to
promotion dehors the statutory or applicable service
framework. The competent authority shall consider the
matter independently and in accordance with the
applicable rules and law.
29. All questions of fact and law are accordingly left open to
be considered and decided by the competent authority in
accordance with law.
30. With the aforesaid directions, the Original Application
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ITEM 08 16 OA 956 OF 2026

stands disposed of. Consequently, all connected
Miscellaneous Applications, if any, shall also stand
disposed of.
31. No order as to costs.
32.
Registry shall consign the file to the Record Room after
due compliance.


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


03-09-2026
DEVENDRA TRIPATHI






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