GHULAM NABI KHAN vs SCHOOL EDUCATION DEPARTMENT

ITEM 06 1 OA 949 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR
O.A. 949/2026
nd
Date of Order: 02 September, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)

Ghulam Nabi Khan, Age 63 Years
S/o Khawaja Sarandaz Khan
R/o Manzgam Kupwara;
Pin Code: 193224;
Mobile No:
……Applicant
By Advocate :
Mr. Bhat Fayaz along with Ms. Aasifa Mughal
VERSUS

1. Union Territory of Jammu and Kashmir through
Commissioner Secretary to Government School
Education Department, Civil Secretariat Srinagar/
Jammu, Pin Code: 190001;
Email: [email protected]
2. Director School Education Kashmir,
Srinagar; Pin Code: 190001;
Email: [email protected]
3. Chief Accounts Officer, Directorate of
School Education Kashmir, Srinagar;
Pin Code: 190001;
Email: [email protected]
4. Principal, Government Higher Secondary
School, Kupwara; Pin Code:193222
Digitally signed by Devendra Tripathi
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Devendra
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ITEM 06 2 OA 949 OF 2026

Email: [email protected]
..….Respondents
By Advocate :-
Mr. Satinder Singh, AAG

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

01. Learned counsel for the applicant submits that the
applicant was appointed as a General Line Teacher way
back in the year 1989 and came to be promoted as Master
on 03.08.2006. It is submitted that the applicant submitted
his service particulars, duly authenticated by the Principal,
Government Higher Secondary School, Kupwara, on
22.02.2023, clearly indicating his date of appointment,
date of promotion as Master and subsequent promotion as
In-charge Lecturer in the year 2019. Learned counsel
submits that, in any event, the applicant was due for his
second in-situ promotion in the year 2006, but the same
has not been granted till date. A copy of the said service
particulars has been placed on record as Annexure A-3.
02. Learned counsel further submits that the applicant once
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ITEM 06 3 OA 949 OF 2026

again submitted a representation dated 28.02.2024, along
with his service particulars duly authenticated by the
Principal, Government Higher Secondary School,
Kupwara. A copy of the said particulars has been placed
on record as Annexure A-4.
03. It is further submitted that the applicant's case was taken
up for consideration in the year 2021 pursuant to the
representation submitted by him. During such
consideration, it was observed that the applicant had been
paid salary in the Master's grade with effect from the year
2006, although his promotion was reflected as having
been made in the year 2007. The Chief Accounts Officer,
Directorate of School Education, vide observation dated
13.07.2021, further observed that the applicant's case for
second in-situ promotion, which had become due prior to
his promotion as Master, ought to be placed before the
DPC at the district level for consideration, and the case
was returned accordingly.
04. Learned counsel submits that the aforesaid observation
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ITEM 06 4 OA 949 OF 2026

was duly clarified by the Principal, Government Higher
Secondary School, Kupwara, in the year 2021. It was
clarified that although the applicant's promotion was
recorded in the service book with effect from the year
2007, the same was incorrect, as the applicant had not
received any arrears for the period from 08.06.2006 to
02.08.2007 and his pay was actually drawn only with
effect from 03.08.2007. The applicant's correct pay
fixation was accordingly submitted before the Chief
Education Officer concerned, who, in turn, forwarded the
same to the Directorate vide communication dated
17.11.2021. Copies of the observation dated 13.07.2021
and the reply/clarification furnished by the Principal
through the Chief Education Officer, Kupwara, have been
placed on record as Annexures A-5 and A-6, respectively.
05. Learned counsel further submits that once the aforesaid
observation stood duly clarified, the respondents ought to
have considered the applicant's claim for grant of second
in-situ promotion, which, according to the applicant, had
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ITEM 06 5 OA 949 OF 2026

become due with effect from 2006 in terms of SRO 14 of
1996. However, despite repeated representations, the said
claim has not been considered till date. It is submitted that
the applicant has also specifically highlighted the disparity
in salary between himself and his counterpart, Ghulam
Mohammad Payer, who is stated to be drawing higher pay
and consequently higher pension.
06. Learned counsel submits that, independently of the claim
for in-situ promotion, the applicant is also entitled to
consideration of his claim for stepping-up of pay under
Article 77-B of the J&K CSR, introduced vide SRO 18
dated 19.01.1988, read with SRO 225 dated 18.08.2005
and SRO 22 dated 01.07.2012. It is submitted that the
applicant had placed the relevant provisions and
supporting material before the Chief Education Officer as
far back as the year 2023, but no action has been taken
thereon till date. The representation forming Annexure A-
1 is stated to be a comprehensive representation setting
out the claim of the applicant regarding the salary fixation
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ITEM 06 6 OA 949 OF 2026

and the consequential benefits claimed by him.
07. Learned counsel further submits that the applicant has also
submitted his posting details against the post of In-charge
Lecturer, along with his APRs for the last five years,
which were forwarded to the Director, School Education,
by the Chief Education Officer, Kupwara, vide
communication dated 12.03.2024. A copy of the said
communication has been placed on record as Annexure A-
7. It is submitted that SRO 14 of 1996 prescribes the grant
of in-situ promotion upon completion of nine years of
substantive service against a particular post and, having
been initially appointed as Teacher in the year 1989, the
applicant became due for his second in-situ promotion by
the year 2006. According to the applicant, despite the
clarification furnished by the concerned authorities and
the documents placed on record, no decision has been
taken on his claim.
08. Learned counsel submits that the applicant has been
continuously pursuing his grievance through
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ITEM 06 7 OA 949 OF 2026

representations dated 03.04.2023, 28.02.2024 and
11.02.2026, but the respondents have failed to pass any
final and reasoned order thereon. It is contended that the
denial of the benefit of in-situ promotion has resulted in
the applicant receiving lower pay and pension as
compared to his similarly placed counterparts. It is further
submitted that the claim constitutes a continuing cause of
action, particularly as the alleged deprivation continues to
affect the applicant's salary and pension, and that the grant
of in-situ promotion would neither create any third-party
interest nor alter the seniority of any other employee.
09. Learned counsel also submits that the respondents' failure
to consider the applicant's repeated representations and the
material placed on record, including his authenticated
service particulars, APRs and departmental
correspondence, amounts to non-consideration of his
legitimate grievances. It is submitted that the applicant has
exhausted the departmental remedy available to him by
approaching the concerned authorities from time to time,
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ITEM 06 8 OA 949 OF 2026

but his grievances have not been finally decided.
10. However, after arguing the matter for some time, learned
counsel for the applicant submits that the interests of
justice would be adequately served if the present Original
Application is disposed of with a direction to the
respondents to treat the same as a representation and
consider the grievances and claims raised therein, together
with the documents annexed thereto, strictly in accordance
with law and within a stipulated period.
11.
Mr. Satinder Singh, learned AAG, appearing on advance
notice, submits that the present Original Application may
be disposed of with appropriate directions, without
prejudice to the rights and contentions of the respondents.
12. Having considered the submissions made at the Bar and
perused the material placed on record, this Tribunal is of
the 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 applicant.
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, E=devendrat.g062201@
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Devendra
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ITEM 06 9 OA 949 OF 2026

13. Accordingly, in view of the limited prayer made on behalf
of the applicant, this Tribunal, without expressing any
opinion on the merits of the case or the rival claims of the
parties, deems it appropriate to dispose of the present
Original Application with a direction to the respondents to
treat the present Original Application as a representation
and examine and decide the grievances and claims raised
by the applicant therein, including his claim for grant of
second in-situ promotion with effect from 08.06.2006 in
terms of SRO 14 of 1996, as well as his claim for
stepping-up of pay, in terms of Article 77-B of the J&K
CSR read with SRO 18 dated 19.01.1988, SRO 225
dated 18.08.2005 and SRO 22 dated 01.07.2012 , along
with the representations, service particulars, APRs,
departmental correspondence and other documents placed
on record, strictly in accordance with the applicable rules,
regulations and law governing the field and provided there
is no legal impediment in doing so.
14. The respondents shall pass a detailed, reasoned and
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ITEM 06 10 OA 949 OF 2026

speaking order within a period of eight (08) weeks from
the date a certified copy of this order is served upon them
and communicate the same to the applicant.
15. It is made clear that this Tribunal has not expressed any
opinion on the merits of the applicant's claims, and all
questions of fact and law are left open to be considered by
the competent authority while passing the aforesaid order.
16. With the aforesaid directions, the Original Application
stands disposed of. Pending miscellaneous application(s),
if any, shall also stand disposed of.
17. No order as to costs.
18. Registry shall consign the record to the Record Room
after due compliance.


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



02-09-2026
DEVENDRA TRIPATHI
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, E=devendrat.g062201@
giv.in
Devendra
Reason: I am the author of this document
Location:
Date: 2026.09.03 14:22:49+05'30'
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Tripathi