Srinagar, Nov 16: The High Court of Jammu & Kashmir and Ladakh has directed the Departmental Promotion Committee (DPC) not to make any recommendation for promotion of Patwaris until the matter pending before the Tribunal is decided.
Allowing a plea filed by five Patwaris, the court set aside the order passed by the Tribunal on November, 03, 2022 with a direction to the Tribunal to pass appropriate orders after hearing the parties in the matter.
The court directed the Central Administrative Tribunal (CAT) to take up the matter on November 21, 2022. “In the meantime, till the decision is made by the Tribunal in the interim application/O.A, the DPC shall not make any recommendation for promotion,” a division bench of Chief Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul said.
The petitioners had challenged the order passed by the Tribunal on November, 03, 2022, directing the respondents that the DPC be conducted as per rules and the claim of the petitioners shall be subject to the outcome of the application pending before the Tribunal.
Earlier, a plea was filed by the petitioners before the Tribunal challenging the seniority notified by the official respondents on August 24, 2020.
To ensure the list does not become infructuous, the petitioners had moved an application seeking direction upon the official respondents not to conduct any DPC and not to issue any promotion order.
In this regard, the Tribunal on September, 14 this year, had directed the respondents to conduct the DPC on the date scheduled, however, the outcome of the DPC was kept in abeyance till September, 16, 2022.
Another application was filed by the petitioners seeking extension of the stay order passed on September 14.
“But the Tribunal instead of passing reasoned and appropriate orders, have in terms of order dated November, 03, 2022, only directed that the DPC shall be conducted as per rules and the claim of the petitioners shall be subject to outcome of the present O.A,” the petitioners stated.
The counsel, Jahangir Iqbal Ganie representing the petitioners submitted that the seniority, notified by the official respondents in the category of Patwaris of District Shopian, has been issued contrary to Rule 24 of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
He submitted that the purpose of filing the writ petition is only to get justice, so as to protect the rights of the petitioners.
“In the event indulgence is not shown by this Court, the lis pending before the Tribunal will become infructuous, as the department is contemplating to make promotion to the next higher post on the strength of the seniority, which is under challenge before the Tribunal in O.A,” the counsel said.
The court after perusing the material on record and hearing the counsel noted that the Tribunal has not passed a detailed and reasoned order in an application where the petitioners have sought extension of stay passed on September, 14, 2022.
“We feel that the Tribunal while entertaining the OA and the interim application, keeping the DPC in abeyance, should have passed the detailed/reasoned order to the satisfaction of the parties, the order passed is not in tune with the scheme of law, governing the subject of reference of reasonableness of the Court orders,” the bench said while allowing the plea.
