SHABIR AHMED v. UT OF J AND K TH COMMISSIONER SECRETARY FOREST DEAPRTMENT JAMMU AND OTHERS
WP(C)/2115/2025 · 2025-08-06
Ma Chowdhary
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4102 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 4102 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2115/2025 CM No. 4830/2025
Shabir Ahmed, Age 52 years, S/O Mohd. Iqbal, R/O Ghambir Mughlan, Tehsil & District Rajouri ….Petitioner(s)/Appellant(s)
Through :- Mr. F S Butt, Advocate. V/s
1. Union Territory of J&K through
Commissioner/Secretary to Govt.
Forest Department, Civil Secretariat,
Srinagar.
2. Chairman, Jammu & Kashmir Pollution
Control Board, Jammu/Srinagar.
3. Member Secretary, Jammu & Kashmir
Pollution Control Board, Jammu/Srinagar. ….Respondent(s)
Through :-
CORAM:
HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER 06.08.2025
1. Petitioner, through the medium of this petition, has sought following reliefs:
“(i) Mandamus, so as to command and direct the respondents to accord consideration to the claim of petitioner for his substantive promotion to the post of Senior Assistant and further promotion to the next higher post in accordance with Rules in vogue. (ii) So as to command and direct the respondents to confer the benefit of 1st and 2nd time bound promotion in favour of petitioner w.e.f. 11.08.2009 and 11.08.2018 respectively in accordance with provisions of Jammu & Kashmir Civil Services (Higher Standard Pay Scale) Rules, 1996 notified vide SRO 14 of 1996 dated 15.01.1996.”
2.
Learned counsel for the petitioner submits that the petitioner has stagnated at the substantive post of Junior Assistant for the last 25 years and he Sr. No. 62
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has neither been promoted to the next post of Senior Assistant nor in-situ promotion in terms of the Jammu & Kashmir Civil Services (Higher Standard Pay Scale) Rules, 1996 notified vide SRO 14 of 1996 dated 15.01.1996 has been granted in his favour despite vigilance clearance.
3.
Learned counsel for the petitioner submits that the petitioner shall be satisfied in case this petition is disposed of at this stage with direction to the respondents to consider the case of the petitioner as pleaded in this petition for
consideration of his claim with regard to the substantive promotion to the post of Senior Assistant and next higher post, in accordance with the rules in vogue and also in-situ promotion in accordance with the provisions of SRO 14/1996 dated
15.01.1996.
4. Having regard to the pleadings and the submissions made by the
learned counsel for the petitioner, without issuance of notice to the other side, in view of innocuous prayer made by the petitioner, the petition is disposed of, at this motion stage, with the direction to the respondents to consider the plea raised by the petitioner in his petition with regard to the substantive promotions and the in-situ promotion, of course, in accordance with the rules on the subject.
5. Petition is, accordingly,
disposed of alongwith connected application(s).
Jammu: 06.08.2025 Raj Kumar
) (MA CHOWDHARY) JUDGE
Raj Kumar 2025.08.07 11:50 I attest to the accuracy and integrity of this document