HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3075/2024 CM No. 7620/2024 Cav 2001/2024 1. Mohammad Rafiq Wani; age: 36 years S/o Nazir Ahmad Wani R/o Qazigund, Anantnag-192221 2. Farooq Ahmad Naikoo; age: 37 years S/o Abdul Rehman Naikoo R/o Brakpora, Anantnag-192101 3. Javid Ahmad Malik; age: 31 years S/o Abdul Ahad Malik R/o Zachaldara Kupwara TSWO, Handwara 4. Mohd. Shahbaz; age 35 years S/o Mohd. Sharief R/o Surankote District Poonch-185121 5. Fairooz Ahmad Naikoo; age: 37 years S/o Mohd. Ayoob Naikoo R/o Kharbrara Begum Kulgam-192232 ….. Petitioner(s) Through: Mr. Rahul Pant, Sr. Advocate with Mr. Sahil Mushtaq, Advocate Vs 1. Union Territory of Jammu and Kashmir through Commissioner/Secretary to Government Social Welfare Department Jammu and Kashmir Government Civil Secretariat, Jammu-180001 2. Commissioner/Secretary Union Territory of Jammu & Kashmir General Administrative Department Jammu and Kashmir Government Civil Secretariat, Jammu-180001 3. Director Social Welfare Department Jammu-180001 4. Director Social Welfare Department Kashmir-190001 5. State Mission Director Integrated Child Development Scheme (ICDS) J&K Hajj House, 3rd Floor, Rail Head, Jammu-180004 6. Union of India through its Secretary Ministry of Human Resource Development Department of Women & Child Development New Delhi-110006 .…. Respondent(s) Sr. No. 12 2 WP(C) No. 3075/2024 7. Poonam Sharma W/o Anil Sharma R/o H.No.54 Sector-C Sainik Colony, Jammu-180011 8. Suresh Kumar S/o Sh. Bal Krishan R/o Ward No.7 H.No.03 Sunder Bani District Rajouri-185153 9. Abida Huseen D/o Ghulam Hassan War R/o H.No.56 Ward No.2 Bakhiaker Tehsil Handwara District Kupwara-193222 A/P Flat No.205 Safa Valley Apartment Bathindi Jammu Through: Mr. Sunil Sethi, Sr.Advocate with Mr. Mohsin Bhatt, Advocate Mr. Ravinder Gupta, AAG Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE (Through Virtual Mode from Srinagar Wing) ORDER 01.01.2025 1. The instant writ petition has been filed by the petitioners against the order dated 15.10.2024 read with order dated 14.11.2024 passed by the Central Administrative Tribunal Jammu Bench, Jammu in O.A. No. 1110/2024, whereby the seniority list of TSWOs issued vide Govt. Order No. 168-JK(SWD) of 2024 dated 05.09.2024 and the communication No. SWD-GZ/24/2022 dated 07.08.2024 whereby the Government had asked for service bio-data of all eligible TSWOs/ACDPOs, have been stayed. 2. Mr. Rahul Pant, learned Senior Advocate has argued that by way of the ex parte impugned order, the seniority list has been stayed by the Tribunal vide order dated 15.10.2024, which order has been further extended till next date vide order dated 14.11.2024. He further argued that it is a settled position of law that as and when a challenge is thrown to the seniority list, all the persons, who are figuring in the seniority list are the necessary party to the petition, however, 3 WP(C) No. 3075/2024 none of the person figuring the final seniority list has been impleaded as party respondent. Learned counsel for the petitioners submits that the petitioners/respondents Nos. 7 to 9 herein have deliberately not arrayed the petitioners herein in the OA who are affected because of the impugned order and due to which the OA itself is not maintainable. 3. Per contra, Mr. Sunil Sethi, learned Senior Advocate submits that this writ petition is not maintainable because the impugned order passed by the CAT is subject to objections and even otherwise some of the affected persons have already approached the CAT by filing application seeking impleadment as party respondents in the OA, to which the petitioners have sought time to file objections. 4. Heard learned counsel for the parties. 5. Notice. Mr. Ravinder Gupta, learned AAG waives notice on behalf of respondents Nos. 1 to 5 and Mr. Mohsin Bhatt, learned counsel accepts notice on behalf of respondents Nos. 7, 8 & 9/Caveators. Caveat No.2001/2024 stands discharged. 6. The order under challenge is an interim order, that too subject to the objections till next date of hearing and also some of the affected persons have already approached the Tribunal for impleadment as party respondents. The petitioners herein instead of filing the present writ petition should have approached the CAT and agitate there with the grounds taken in this petition. 7. In view of the facts and circumstances and without expressing any opinion on the merits of this case, this writ petition is disposed of with liberty to the petitioners to agitate before the Central Administrative Tribunal Jammu Bench, Jammu in O.A./1110/2024 (Jammu) with whatever grounds taken in this 4 WP(C) No. 3075/2024 petition by seeking impleadment as party respondents. In the event the petitioners approach the Tribunal, the Tribunal is requested to consider and decide the plea raised by the petitioners strictly under rules having regard the judgments relied upon by the petitioners. ( (MA Chowdhary) (Tashi Rabstan) Judge Chief Justice Jammu 01.01.2025 Pawan Angotra Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No Pawan Angotra 2025.01.04 14:06 I attest to the accuracy and integrity of this document