Navid Anjum and Ors vs GENERAL ADMINISTRATIVE DEPARTMENT

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CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH
OA/1184/2026
MA/1435/2026
th
26 October, 2026

C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)

Digitally signed by S K Sinha DN: CN=S K Sinha, O=DoPT,
OU=Central Administrative
Tribunal, [email protected] Reason: I am the author of this
S K document Location:
Date: 2026.10.29 16:09:55+ 05'30'
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1. Navid Anjum S/o Abdul Razak Malla R/o Gulabbagh Manasbal
Ganderbal
2. Tufail Nazir S/o Nazir Ahmad Bhat R/o Ward No.01 Nowpora
Bandipora
3. Mohd Ayoub Sheikh S/o Mohd Akbar Sheikh R/o Humjipora.
4. Muzzafar Ahmad Paray S/o Mohammad Maqbool Paray R/o
Herpora Goosu Pulwama.
5. Mudasir Hassan Shah S/o Ghulam Hassań Shah R/o Pamposh
Colony Natipora Srinagar.
6. Javid Hussain Bhat S/o Gh. Rasool Bhat R/o Lakhripora, /2026.
7. Mehraj U Deen Mir S/O Abdul Ahad Mir R/O Kangan Ganderbal.
8. Aamir Hussain S/o Gulam Rasool Rather R/o Ichigam Budgam.

9. Kaisar Mohmad Khan S/o Ghulam Mohammad Khan, R/o Soibugh
Budgam.
10. Shabir Ahmad Bhat S/o Ali Mohammad Bhat R/o KHANPORA
BUDGAM.
11. Mehraj Ud Din Wani S/o Gh Nabi Wani R/o Thamuna Pulwama.
12. Bilal Ahmad Lone S/O Ab Salam Lone R/O Chee Anantnag.
13. Najmeena Ali D/o Ali Mohd Bhat R/o Srandoo Kulgam.
14. Sair Munshi D/O Mohammed Shafi Munshi R/O Iqbal Abad, Kp
Road, Anantnag.
15. Rayees Ahmad Bhat S/o Abdul Rahman Bhat R/o Krangsoo Mattan
Anantnag.
16. Nadeem Ahmad S/o Ab Gani Yatoo R/o Drussu Pulwama.
17. Firdous Ahmad Dar S/o Mohammad Akbar Dar R/o Reban
Rafiabad.
18. Ishfaq Ahmad Wani S/o Mohmad Ramzan Wani R/o Sursona
Anantnag.
19. Farooq Ahmad Bhat S/o AB. Rehman Bhat R/o Shirpora Pattan
Baramulla -193121.
20. Waseem Sultan Bhat S/o Mohd Sultan Bhat R/o Hibdangerpora
Rafiabad Baramulla.
21. Sameer Ahmad Kraipak S/o Abdul Hamid Kraipak R/o Azadpora
Anchidora Anantnag.
22. Sheikh Ashiq Rasool S/o Gh Rasool Sheikh R/o Lalpora Lolab.
23. Adil Amin Dar S/o Mohd Amin Dar R/o Kungamdara Pattan.
24. Mohd Ishaq Rather S/o Mohd Shaban Rather R/o Hanjipora
Tehsil:Trehgam.

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25. Hilal Rashid Dar S/o Ab Rashid Dar R/o Shanoo Mawar Langate
Kupwara.
26. Azahar Ahmad Shah S/O Ab Rashid Shah R/O Batpora Langate.
27. Tanveer Ahmad Dar S/o Gh Mohd Dar R/o Kohru.
28. Irshad Ahmad Bhat S/o Gh Mohd Bhat R/o Shailhall Handwara.
29. Pirzada Shabir Ahmad S/o Peerzada Abdul Rashid R/o Kupwara
A/P Bemina Srinagar.
30. Saleem Jahangeer Wani S/o Mohd Gulzar Wani R/o Shumnagh.
31. Gh Hassan Payer S/o Ab Gafar Payer R/o Sonthipora.
32. Suhail Rashid Wani S/o Ab Rashid Wani R/o Maidan Chogal.
33. Imran Hassan Malik S/o Gh Hassan Malik R/o Batapora Shopian.
34. Ajaz Ahmad Dar S/O Jalal Ud Din Dar R/O Brazloo Jagir.
35. Muzamil Hamid S/o Abdul Hamid Shah R/o Chawalgam Kulgam.
Digitally signed by S K Sinha DN: CN=S K Sinha, O=DoPT,
OU=Central Administrative
Tribunal, [email protected] Reason: I am the author of this
S K document Location:
Date: 2026.10.29 16:09:55+ 05'30'
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……Applicants
For the applicant : Ms Sehreen Zehra

VERSUS

1. UT of J&K through Commissioner Secretary to Government, General
Administration Department, J&K Civil Secretariat,
Srinagar/Jammu;Pin code; 190001
2. Union Territory of J&K through Commissioner Secretary to Education
Department Government of J&K, Civil Secretariat, Srinagar/ Jammu-
190001.
3. Director School Education, Kashmir, Srinagar190001. (Non-
applicants)
…..Respondents
For the respondents : Mr. Rais Ud Din Ganaie, ld. DAG

O R D E R (O R A L)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The applicants, thirty five (35) in number, have filed the
instant O.A. Since, the cause of action and the reliefs claimed by all the
applicants are identical, the M.A. for joint application under Rule 4(5)(a)
of CAT (Procedure) Rules, 1987, is allowed.
2. Through the medium of the instant OA, applicants seek
following reliefs:-
“(i) To allow and accept the instant Original Application.
(ii) By issuance of appropriate order or direction for
quashing of impugned communications bearing
No.DSEK/NTS/44/2026/323 dated 24/01/2026 and

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Edu-NGK/522/2022-01(7043135) dated 10/09/2026
(Annexure-I)
(iii) Any other order or direction which the Hon’ble
Tribunal 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. Alongside the main relief, the applicants also pray for interim
relief that till disposal of the main OA, operation of the impugned
communications bearing No.DSEK/NTS/44/2026/323 dated 24/01/2026
Digitally signed by S K Sinha DN: CN=S K Sinha, O=DoPT,
OU=Central Administrative
Tribunal, [email protected] Reason: I am the author of this
S K document Location:
Date: 2026.10.29 16:09:55+ 05'30'
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and Edu-NGK/522/2022-01(7043135) dated 10/09/2026 (Annexure-I) be
kept in abeyance with a further directions upon the respondent No.3 to
treat this OA as representation and same be decided on merits.
4. The case of the applicants is that the applicants were initially
appointed as Junior Assistants in the respondents department and on the
basis of their seniority and eligibility, they were promoted to the
position/confirmed substantively to the post of Senior Assistant in
accordance with SRO 272 of 2008 dated 19.09.2008, SRO 308 of 2008
dated 16.10.2008, coupled with the Order No.743 GAD of 2007 dated
28.06.2007. The aforesaid order has been issued by the government in
compliance to the directions of the Hon’ble Apex Court in case titled as
Suraj Prakash Gupta vs. State and others .
5. Now the applicants have acquired the eligibility for
promotion to the post of Head Assistant by successfully completing three
years substantive service as Senior Assistant as per the mandate of SRO
308 of 2008 dated 16.10.2008 mentioned in Schedule-IIA and have
successfully qualified the Secretariat Assistants Examination in the year
2023. Resultantly, the applicants are eligible for promotion as Head
Assistants as per the rules governing the field.

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6. In response to communication dated 24.01.2026, the
respondent issued a impugned communication dated 10.09.2026, whereby
the respondent sought clarification as well as objections, which is
reproduced as under:-
“Apropos the subject cited supra, I am directed to invite your kind
attention towards Letter No. DSEK/NTS/44/2026/323 dated 24.01.2026
with the request to furnish your considered comments and specific
recommendations concerning the following aspects, enabling this
Department to proceed further:
(i) whether the proposed one-time relaxation is confined only to
the identified officials appointed prior to the issuance of SRO-272 of
2008, and whether any other similarly situated officials are likely to be
affected or acquire a comparable claim if such relaxation is granted;
and
(ii) if the proposal for grant of one-time relaxation is acceded to,
whether its implementation is likely to confer a similar claim upon
other similarly situated officials and whether such action is likely to
give rise to any future litigation or not.”

Digitally signed by S K Sinha DN: CN=S K Sinha, O=DoPT,
OU=Central Administrative
Tribunal, [email protected] Reason: I am the author of this
S K document Location:
Date: 2026.10.29 16:09:55+ 05'30'
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7. The General Administration Department has already clarified
its stand vide U.O No.GADESTB/93/2022-09-GAD C.C (159230) dated
05.03.2025, which stands conveyed to the respondents vide
communication bearing No.Edu-NGK/522/2022- 01(7043135) dated
24.03.2025.
8. The respondent Department is retracting from its earlier
stand in contravention to the rules, which will have far reaching
ramifications upon the service career and the seniority of the applicants.
9. Learned counsel for the applicants Ms Sehreen Zehra
submits that she would be satisfied, at this stage, if a direction is given to
the respondents to treat this OA as a representation and decide the matter
of the applicants herein.
2. Heard the learned counsel for the parties. At the request of
the learned counsel for the applicants, the instant OA is disposed of with a
direction to the respondents to treat this OA as a representation of the

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applicants and pass a reasoned and speaking order in accordance with law,
having regard to Annexure-A/4 (pg.81) subject to the entitlement of the
applicants if there is no impediment, within a period of six weeks
positively from the date of receipt of copy of this order.
10. It is made clear that we have not expressed any opinion on
the merits of the case.
11. OA along with MA stands disposed of. No order as to costs.
Digitally signed by S K Sinha DN: CN=S K Sinha, O=DoPT,
OU=Central Administrative
Tribunal, [email protected] Reason: I am the author of this
S K document Location:
Date: 2026.10.29 16:09:55+ 05'30'
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Sd/- Sd/-
(PRASANT KUMAR) (M.S. LATIF)
MEMBER (A) MEMBER (J)

sks/-