BILAL AHMAD KAK vs POWER DEVELOPMENT DEPARTMENT

ITEM 06 1 OA 1176 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 1176/2026
th
Date of Order: 28 October, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)
1. Bilal Ahmad Kak, Age: 45 years
S/0: Ali Mohammad Kak,
R/O: Sonwar Colony Gadoora Ganderbal,
Pin Code: 191131,
2. Gh Nabi Reshi, Age: 44 years
S/O: Gh Mohd Reshi,
R/O: Repora Lar Ganderbal,
Pin Code: 191131,
3. Zahoor Ahmad Sofi, Age: 43 years
S/O: Abdul Rashid Sofi,
R/O: Lethpora Pampore Pulwama,
Pin Code: 192122,
4. Mohammad Ashraf Dar, Age: 39 years
S/O: Habibullah Dar,
R/O: Ganai Doori Alamgari Bazar Srinagar.
Pin Code: 190011,
5. Mohammad Akram Kumar, Age: 48 years
S/0: Ghulam Ahmad Kumar,
R/O: Pakipora Pattan Baramulla,
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ITEM 06 2 OA 1176 OF 2026

Pin Code: 193121,
6. Sara Bano, Age: 49 years
W/O: Abdul Majeed Dar,
R/O: Nasrullah Pora Budgam,
Pin Code: 191111,
7. Mohammad Akhtar Khatana, Age: 45 years
S/O: Mohammad Akbar Khatana,
R/O: Chattbandy, Bandipora,
Pin Code: 193502,
8. Nisar Ahmad Mir, Age: 48 years
S/O: Mohammad Ibrahim Mir,
R/O: Dangerpora Magam Budgam,
Pin Code: 193401,
9. Mohd Altaf Ganaie, Age: 45 years
S/O: Wali Mohd Ganaie,
R/O: Yarikalan Chadoora,
Pin Code: 191113,
10. Ali Mohammad Gujree, Age: 52 years
S/0: Ghulam Ahmad Gujree,
R/O: Sharie Bhat Alamgaribazar Srinagar,
Pin Code: 190011,
11. Javeed Hussain Wani, Age: 36 years
S/0: Ghulam Mohammad Wani,
R/O: Channa Mohalla Chattabal Srinagar,
Pin Code: 190010,
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ITEM 06 3 OA 1176 OF 2026

12. Tariq Ahmad Gujri, Age: 44 years
S/O: Abdul Kareem Gujri,
R/O: Alamgari Bazar Shribhat Srinagar,
Pin Code: 190011,
13. Muhammad Shafi Dar, Age: 44 years
S/0: Ghulam Qadir Dar,
R/O: Umerhair Srinagar,
Pin Code: 90020,
14. Gh Ahmad Sofi, Age: 51 years
S/O: Abdul Samad Sofi,
R/O: Thuru Ganderbal,
Pin Code: 191131,
15. Sajad Ahmad Pajwari, Age: 32 years
S/O: Mohd Sidiq Pajwari,
R/O: Aquilmir Khanyar,
Pin Code: 190003,
16. Ghulam Mohammad Ganai, Age: 50 years
S/O: Hassan Ganaie,
R/O: Iskanderpora Budgam,
Pin Code: 193411,
17. Mohammad Shafi Shah, Age: 49 years
S/O: Abdul Ahad Shah,
R/O: Gopalpora,
Pin Code: 191113,
18. Sameer Ahmad Ganaie, Age: 38 years
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ITEM 06 4 OA 1176 OF 2026

S/O: Ghulam Mohammad Ganaie,
R/O: Mazhama Magam Budgam,
Pin Code: 193401,
19. Sajad Ahmad Kambay, Age: 43 years
S/O: Abdul Salam Kambay,
R/O: Rangil Ganderbal,
Pin Code: 190006,
20. Abdul Khaliq Rather, Age: 45 years
S/O: Abdul Rahman Rather,
R/O: Malshahi Bagh Ganderbal,
Pin Code: 190006,
21. Younis Thoker, Age: 36 years
S/O: Abdul Gani Thoker,
R/O: Trenz Shopian,
Pin Code: 192303,
22. Riyaz Ahmad Bhat, Age: 42 years
S/O: Mohmad Maqbool Bhat,
R/O: Beehama Ganderbal,
Pin Code: 191201,
23. Mukhtar Ahmad Malik, Age: 43 years
S/O: Ali Mohammad Malik,
R/O: Nawa Kadal Arampora,
Pin Code: 190002,
24. Gulzar Ahmad Kambay, Age: 46 years
S/O: Ghulam Nabi Kambay,
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ITEM 06 5 OA 1176 OF 2026

R/O: Baba Dariyadin Ganderbal,
Pin Code: 190006,
25. Gulam Qadir Ganie, Age: 52 years
S/O: Abdul Ahad Ganie,
R/O: Zahid Bag Baramulla,
Pin Code: 191111,
26. Mohd Mogbool Bhat, Age: 47 years
S/O: Gh Mohd Bhat,
R/O: Alam Guchoo,
Pin Code: 193411,
27. Altaf Hussain Pandith, Age: 39 years
S/O: Mohd Bagqir Pandit,
R/O: Iskanderpora Budgam,
Pin Code: 193411,
28. Manzoor Ahmad Malik, Age: 57 years
S/O: Ab Rahman Malik,
R/O: Kawoosa Khalisa,
Pin Code: 193401,
29. Ghulam Mohammad Para, Age: 49 years
S/O: Gh Nabi Para,
R/O: Rathsun Beerwah Budgam,
Pin Code: 193401,
30. Mohd Ramzan Lone, Age: 45 years
S/O: Abdul Rahman Lone,
R/O: Sozeith Goripora,
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ITEM 06 6 OA 1176 OF 2026

Pin Code: 193411,
31. Gh Mohi Ud Din Tantary, Age: 38 years
S/O: Gh Mohammad Tantary,
R/O: Gogal Dara Tangmarg,
Pin Code: 193402,
32. Abdul Rashid Magray, Age: 45 years
S/O: Abdul Ahad Magray,
R/O: Chill Brass Budgam,
Pin Code: 193411,
33. Gh Mohammad Mir, Age: 45 years
S/O: Ali Mohammad Mir,
R/O: Peth Koot Beerwah,
Pin Code: 193411,
34. Ghulam Ahmad Dar, Age: 47 years
S/O: Mohd Ishaq Dar,
R/O: Kripalpora Bala Pattan,
Pin Code: 193121,
35. Jawahara Akhter, Age: 37 years
R/O: Machhama Beerwah Budgam,
Pin Code: 193411,
36. Bashir Ahmad Ganie, Age: 57 years
S/O: Abdul Rehman Ganie,
R/O: Tarzoo Sopore,
Pin Code: 193201,
37. Mohd Rajab Malla, Age: 56 years
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ITEM 06 7 OA 1176 OF 2026

S/O: Ali Mohd Malla,
R/O: Botingoo Muqam,
Pin Code: 193201,
38. Gh Nabi Dar, Age: 50 years
S/O: Gh Hassan Dar,
R/O: Seer Jageer Sopore,
Pin Code: 193201,
39. Gh Hassan Sheikh, Age: 55 years
S/O: Wali Mohd Sheikh,
R/O: Seeloo Sopore,
Pin Code: 193201,
40. Abdul Rehman Magray, Age: 54 years
S/O: Mohd Ramzan Magray,
R/O: Nowpora Jageer Baramulla,
Pin Code: 193201,
41. Ghulam Mohammad Baba, Age: 49 years
S/O: Saif Din Baba,
R/O: Botingoo Sopore,
Pin Code: 193201,
42. Mohd Ramzan Lone, Age: 56 years
S/O: Abdullah Lone,
R/O: Hathloongo Sopore,
Pin Code: 193201,
43. Bashir Ahmad Sheikh, Age: 45 years
S/O: Abdul Ahad Sheikh,
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ITEM 06 8 OA 1176 OF 2026

R/O: Khag Budgam,
Pin Code: 193411,
44. Ghulam Mohammad Bhat, Age: 42 years
S/O: Khazir Mohammad Bhat,
R/O: Khag Budgam,
Pin Code: 193411,
45. Hajra Bano, Age: 49 years
W/O: Mohammad Ibrahim Bhat,
R/O: Karipora Budgam,
Pin Code: 191111,
46. Manzoor Ahmad Bhat, Age: 47 years
S/0: Ghulam Mohammad Bhat,
R/O: Amma Nurn Pattan,
Pin Code: 193121,
47. Ghulam Hassan Wani, Age: 48 years
S/O: Ab Rehman Wani,
R/O: Khag Budgam,
Pin Code: 193411,
48. Abdul Rashid Lone, Age: 55 years
S/O: Habibullah Lone,
R/O: Khan Mohalla Nowpora Jagir,
Pin Code: 130103,
49. Nazir Ahmad Wani, Age: 53 years
S/O: Late Gh Mohd Wani,
R/O: Wani Mohalla Pattan,
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ITEM 06 9 OA 1176 OF 2026

Pin Code: 193121,
50. Masooda Jan, Age: 43 years
W/O: Mohammad Amin Bhat,
R/O: Habba Kadal Srinagar,
Pin Code: 190001,
51. Ali Mohammad Jara, Age: 51 years
S/O: Mohammad Abdulla Jara,
R/O: Chadoora Branwar Budgam,
Pin Code: 191113,
52. Fayaz Ahmad Sheikh, Age: 50 years
S/O: Ghulam Mohammad Sheikh,
R/O: Kumar Mohalla Dreygam Budgam,
Pin Code: 191111,
53. Abdul Rashid Parra, Age: 54 years
S/O: Sanaullah Parray,
R/O: Rawalpora Sanat Nagar Srinagar,
Pin Code: 190005,
54. Abdul Hameed Wani, Age: 47 years
S/O: Mohd Sultan Wani,
R/O: Khag Budgam,
Pin Code: 193411,
55. Mohammad Yousaf Dar, Age: 44 years
S/O: Mohammad Subhan Dar,
R/O: Trikobal Pattan,
Pin Code: 193121,
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ITEM 06 10 OA 1176 OF 2026

56. Mehraj Ud Din Wani, Age: 37 years
S/O: Mohammad Afzal Wani,
R/O: Trikobal Pattan,
Pin Code: 193121,
57. Ghulam Mohammad Sheikh, Age: 48 years
S/O: Mohammad Sideeq Sheikh,
R/O: Palhallan Baramulla,
Pin Code: 193121,
58. Nisar Ahmad Mir, Age: 42 years
S/0: Ghulam Hassan Mir,
R/O: Paller Budgam,
Pin Code: 191111,
59. Rafiga Bano, Age: 40 years
W/O: Late Mushtaq Ahmad Shah,
R/O: Alawpora Khansahib Budgam,
Pin Code: 191111,
60. Mohd Amin Bhat, Age: 42 years
S/O: Mohammad Subhan Bhat,
R/O: Kramsher Budgam,
Pin Code: 191111,
61. Ghulam Mohammad Dar, Age: 53 years
S/O: Mohd Ismail Dar,
R/O: Richan Budgam,
Pin Code: 191111,
62. Abdul Aziz Sheikh, Age: 46 years
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ITEM 06 11 OA 1176 OF 2026

S/0: Abdul Gani Sheikh,
R/O: Arigam Budgam,
Pin Code: 191111,
63. Bashir Ahmad Dar, Age: 50 years
S/O: Ghulam Mohd Dar,
R/O: Waterhail Budgam,
Pin Code: 191111,
…… Applicants
By Advocate :
Mr. Shakir Rajab
VERSUS

1. Union Territory of J&K through Commissioner
Secretary to Government, Power development
Department Civil Secretariat, Srinagar/Jammu, Pin Code
190001, Email:[email protected]
2. Manging Director, Kashmir Power Distribution
Corporation Ltd. Srinagar, Pin Code: 190001; Email:-
[email protected]
3. Chief Engineer Distribution Kashmir Power
Distribution Corporation Ltd, Srinagar, Pin Code:
190001; Email:[email protected]
..….Respondents
By Advocate :-
Mr. Satinder Singh vice Mr. Rais Ud Din Ganaie, DAG
O R D E R (ORAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Before proceeding further, it is noticed from the record
that the applicants have filed MA No. 1431/2026 seeking
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ITEM 06 12 OA 1176 OF 2026

permission to file a joint Original Application. For the
reasons stated therein, the said miscellaneous application
is allowed.
02. Learned counsel for the applicants submits that the
applicants were initially engaged as daily-rated
workers/PDLs-TDLs (DRWs) in the erstwhile Power
Development Department and continued to discharge their
duties in the Department. Their cases, along with those of
other similarly situated employees, were considered for
regularization by the Departmental Promotion Committee
(DPC) in its meetings held on 29.07.2017 and 14.03.2018.
However, while the regularization orders in respect of
certain eligible employees were issued in 2018, the
applicants’ cases could not be finalized at that stage on
account of the requirement of obtaining relaxation from
the prescribed age/qualification bar from the competent
authority.
03. Learned counsel further submits that the aforesaid
position is reflected in the order dated 04.12.2018, bearing
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ITEM 06 13 OA 1176 OF 2026

No. C/MRE/172 of 2018, and the communication dated
27.12.2018, bearing No. CE/M&RE/37697-37700/DPC,
issued by the Chief Engineer, M&RE. It is contended that
the said communication records the decision of the DPC
to seek the requisite relaxation in respect of PDLs/TDLs
whose cases could not be finalized owing to the
prescribed age/qualification criteria. The applicants’
cases, therefore, remained pending for want of the
requisite relaxation and were not rejected on account of
any adverse finding regarding their eligibility or
suitability.
04. Learned counsel submits that, after completion of the
requisite formalities and grant of the necessary relaxation
by the competent authority in October 2022, the
applicants were regularized in the regular cadre vide
Order No. CE/D/KPDCL/172 of 2022, dated 13.10.2022.
However, their regularization was made effective
prospectively from the date of issuance of the said order.
05. It is further submitted that similarly situated daily-rated
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ITEM 06 14 OA 1176 OF 2026

workers of the Jammu Division, whose cases had also
required relaxation of the prescribed age/qualification bar,
were subsequently regularized vide Order No.
CEJ/ADM/DPC/58 of 2022, dated 17.06.2022, with
notional effect from 15.07.2019, while monetary benefits
were allowed prospectively. Learned counsel contends
that the applicants are similarly situated to the employees
covered by the aforesaid order and that the respondents
ought to have considered their claim for notional
regularization from an appropriate anterior date,
particularly in view of the DPC proceedings held on
29.07.2017 and 14.03.2018 and the subsequent grant of
relaxation in their favour.
06. It is accordingly contended that restricting the applicants’
regularization to the date of issuance of the order dated
13.10.2022, without considering their claim for notional
regularization and consequential service benefits, amounts
to differential treatment of similarly situated employees.
The applicants, therefore, seek consideration of their
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ITEM 06 15 OA 1176 OF 2026

claim for notional regularization with effect from the
respective dates of consideration of their cases by the
DPC, or from such other anterior date as may be
permissible under the applicable rules, along with
consequential benefits, particularly for the purposes of
seniority and other service benefits, on the same analogy
as adopted in respect of similarly situated employees of
the Jammu Division under Order No. CEJ/ADM/DPC/58
of 2022, dated 17.06.2022. Learned counsel further
submits that, despite representations dated 16.06.2026 and
31.08.2026, the applicants’ claim has not been decided by
the respondents.
07. 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 applicants’ claim for
notional regularization from the appropriate anterior date,
along with consequential service benefits, including
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ITEM 06 16 OA 1176 OF 2026

seniority, in light of the DPC proceedings dated
29.07.2017 and 14.03.2018, the subsequent relaxation
granted in their favour, their regularization order dated
13.10.2022, and the treatment accorded to similarly
situated employees of the Jammu Division under Order
No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022
(Annexure A-4, page 66 of the Original Application),
strictly in accordance with law and within a stipulated
period.
08. Mr. Satinder Singh, learned Additional Advocate General,
vice Mr. Rais Ud Din Ganaie, DAG appearing pursuant
to the advance notice served by learned counsel for the
applicants, submits that the present Original Application
may be disposed of with appropriate directions, without
prejudice to the rights and contentions of the respondents.
09. Heard learned counsel for the parties and perused the
record.
10. Having considered the submissions made at the Bar and
the material placed on record, this Tribunal is of the
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ITEM 06 17 OA 1176 OF 2026

considered opinion that no useful purpose would be
served by keeping the present Original Application
pending, particularly in view of the limited prayer made
on behalf of the applicants.
11. 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 and consider the applicants’
claim for notional regularization from the appropriate
anterior date, together with consequential service benefits,
including seniority, in light of the DPC proceedings dated
29.07.2017 and 14.03.2018, the relaxation subsequently
granted in their favour, the regularization order dated
13.10.2022, and the treatment accorded to similarly
situated employees of the Jammu Division under Order
No. CEJ/ADM/DPC/58 of 2022, dated 17.06.2022
(Annexure A-4, page 66 of the Original Application). The
respondents shall examine whether the applicants are
similarly situated to and entitled to parity with the
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ITEM 06 18 OA 1176 OF 2026

employees covered by the aforesaid order and shall
consider their claim strictly in accordance with the
applicable service rules, regulations, government
instructions, and the law governing the field, subject to the
applicants fulfilling the requisite eligibility conditions and
entitlement and there being no legal impediment in doing
so.
12. The competent authority shall pass a detailed, reasoned,
and speaking order within a period of twelve weeks from
the date of receipt of a certified copy of this order.
13. It is made clear that this Tribunal has not expressed any
opinion on the merits of the claims raised by the
applicants, and all questions of fact and law are left open
to be considered and decided by the competent authority
in accordance with law.
14. With the aforesaid directions, the Original Application
stands disposed of. Consequently, all connected
miscellaneous applications, if any, shall also stand
disposed of.
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ITEM 06 19 OA 1176 OF 2026

15. There shall be no order as to costs.
16. The Registry shall consign the file to the Record Room
after due compliance.


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



28-10-2026
DEVENDRA TRIPATHI



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