Serial No. 48 Supplementary Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 446/2025 Caveat No. 350/2025 Mohammad Rafiq Malik and others … Petitioner(s) Through: Mr. Jahangir Iqbal Ganie, Sr. Advocate with Ms. Mehnaz Rather, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Ms. Sehreen Zehra, Advocate CORAM: HON’BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 03.03.2025 1. With the appearance of counsel for the caveators/respondents, caveat stands discharged. 2. The petitioners before this Court were appointed as Assistant Engineers (Electrical) in the Power Development Department on 08.05.2018. The caveators/respondents, indisputably were holding the posts of Junior Engineers which is a cadre below that of Assistant Engineers, who, however, were placed as In-charge Assistant Engineers (Electrical) vide order dated 31.12.2018. This means that the petitioners were already on the substantive cadre of Assistant Engineers since 08.05.2018, whereas the caveators/respondents were on officiating charge of Assistant Engineers since 31.12.2018. 3. Thereafter, the present controversy arose on account of the order passed by the Government Order dated 04.02.2025 placing the caveators/respondents in officiating charge of Assistant Executive Engineers, which is the next superior post of Assistant Engineer. 4. Learned senior counsel appearing for the petitioners has submitted that this action of the official respondents was illegal, as to the Arif Hameed I attest to the accuracy and authenticity of this document 05.03.2025 post of Assistant Executive Engineer, a person first of all has to be borne on the cadre of Assistant Engineer, to be promoted to the next of Assistant Executive Engineer, whereas the caveators/respondents were on the substantive post of Junior Engineers and were only officiating on the post of Assistant Engineers, therefore, were not borne on the cadre of Assistant Engineers on the date on which the order of placing them in the In-charge capacity of the Assistant Executive Engineers is concerned. 5. Learned senior counsel appearing for the petitioners submits that in order to give effect to this malafide action, the official respondents have also issued Government Order No. 11-JK(PDD) of 2025 dated 04.02.2025, in terms whereof the respondents/caveators were given the retrospective effect to the post of Assistant Engineers so that they could be promoted as Assistant Executive Engineers. According to the learned senior counsel for the petitioners, this was impermissible as the caveators/respondents were never substantially promoted to the post of Assistant Engineers and, therefore, they were not members of the gazetted services on the date on which the impugned order was passed. 6. Upon consensus of both the parties, the Government order No. 11-JK(PDD) of 2025 dated 04.02.2025 is kept in abeyance and shall not be given effect to till the case pending before the Central Administrative Tribunal, Srinagar, is finally decided. 7. The petition stands disposed of in the aforesaid terms. (PUNEET GUPTA) (ATUL SREEDHARAN) JUDGE JUDGE SRINAGAR: 03.03.2025 “Mir Arif” Arif Hameed I attest to the accuracy and authenticity of this document 05.03.2025