GULZAR AHMAD TANTRAY AND ORS. v. GOVERNMENT OF J AND K AND ANR. (FLORICULTURE DEPARTMENT)
WP(C)/700/2022 · 2025-06-04
Vinod Chatterji Koul
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6654 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6654 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 51 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No. 700/2022 Gulzar Ahmad Tantrray and Ors. …Appellant/Petitioner(s) Through: Mr. Shah Ashiq Hussain, Advocate Vs. Government of J&K and Anr. ...Respondent(s) Through: Mr. Shaila Shameem, Advocate
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 04.06.2025 Petitioner has, on the basis of case set up, sought following relief in this writ petition:
“By way of issuance of a writ of mandamus the respondents may be directed to finalize the proposal submitted by respondent no.2 to respondent no.1 and thereafter absorb the petitioners who are working against different assignments. That by issuance of writ of mandamus the respondents may be directed to re-designate the petitioners in tune with assignments they are performing.” That by issuance of writ of mandamus the respondents may be directed to promote all eligible candidates from petitioners to the next higher promotion with due regard to the seniority.”
Objections have been filed. In para 10 of the objections, it has been stated as under:
“That in reply to paras 8-10 of the writ petitions, it is humbly submitted that respondent No.2 vice letter No. DFK/Adm/2019/ F-163-II / 7761-62 dated:23/01/2019 had proposed for reduction of 170 posts of Gardeners out of the sanctioned strength and to re-designate these post as Junior Assistant /Cashier/Record Keeper / Dispatcher/Electrician etc., However, it transpired that the proposal could not be implemented because there is already shortage/dearth of Gardeners in the Department as per the Standard Operating Procedure. Besides, the proposal required financial concurrence as well. As such Para is replied and writ petition deserved to be dismissed”.
Learned counsel for the petitioners submits that petitioners would be satisfied if respondents are directed to consider the case of petitioners for redesignation within fixed time frame.
In view of submissions made by learned counsel for petitioners, this writ petition shall stand disposed of with a direction to respondents to accord
consideration to the case of petitioners for redesignation if they are found eligible and of course in strict accordance with rules governing the field. In this regard petitioners shall make a representation to respondents, which on its receipt shall be considered by respondents within four months.
Disposed of.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 04.06.2025 Shabroz