Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 7541 (JK)

GHULAM HASSAN SHEIKH AND OTHERS v. UNION TERRITORY OF J AND K AND OTHERS. (KPDCL)

WP(C)/1345/2023 · 2025-07-28

Vinod Chatterji Koul

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. Petitioners pray to direct respondent no.1 to accord post facto sanction for relaxation of qualification bar in their favour on the same analogy as has been adopted by respondents in respect of similarly situated persons and as a consequence of which release all service benefits including pay, allowance, increments, arrears, insitu promotions etc. in favour of petitioners from the date(s) they are entitled thereto. 2. Petitioner No.1, namely Ghulam Hassan Sheikh was engaged on daily wage basis in the month of August, 1989 whereas petitioner No.2 Mohammad Ashraf Bhat, in the month of September, 1989 and petitioner No.3 in January 1992 in the Respondent Corporation. Thereafter all the three petitioners came to be brought on Regular Establishment on 18.09.2004 vide Order No. C/DPC/K/205 of 2004 and regularized retrospectively from the dates they had completed seven years of continuous daily wage service against the post of Junior Linemen in the Grade of Rs.2550-3200 in Electric Division S. No. 21 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1345/2023 CM no.3168/2023; CM no.3894/2025 c/w CCP(S) no.258/2024 CM no.1327/2025 Ghulam Hassan Sheikh and Ors. …Appellant/Petitioner(s) Through: Mr. N.A. Tabassum, Advocate Vs. Union of Territory of J&K and Ors. ...Respondent(s) Through: Mr. Faheem Nisar Shah, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 28.07.2025 Handwara. In the said order, the Drawing and Disbursing Officers had been directed to submit proposals for obtaining necessary sanction for the relaxation to the age/qualification bar wherever required under Rules within one month after taking the matter with the Administrative Department for accord of sanction. 3. The only grievance of the petitioners is that their case for relaxation of age and qualification is required to be decided by respondent- Corporation while taking into consideration the cases of similarly situated persons in whose cases as well the age and qualification bar has been relaxed. 4. Admitted position on the part of respondents in their counter filed by them in terms of order dated 03.03.2025 is that petitioners have ben regularized but they required qualification relaxation which is the sole prerogative of Administrative Department and finally the authority to do so lies with General Administration Department. It is also stated by respondents that the cases of petitioners have been taken up with higher authorities/Administrative Department, Power Development Department, for grant of necessary relaxation from time to time and latest vide communication No.CE/D/KPDCL/legal/10753-57 dated 07.03.2025. Respondents, thus, seeks more time to process the cases of petitioner for seeking necessary approval to the relaxation of qualification bar. 5. It is worthwhile to reproduce paras 5&6of the application, being CM no.1327/2025, hereunder: “5. That for the sake of repetition, it is most respectfully submitted that petitioners have been regularized but they required qualification relaxation is the sole prerogative of Administrative Department and finally the authority to do so lies with the General Administration Department. 6. That the cases of these petitioners have been taken up with the higher authorities/Administrative Department Power Development Department for grant of necessary relaxation, latest vide communication No.CE/D/KPDCL/legal/10753-57 dated 07.03.2025.” 6. The claim of petitioners that their case is pending for relaxation of age and qualification is not disputed. What is required is that their case is to be considered and decided within timebound manner. 7. In view of the submissions made by the petitioners as well as taking consideration Paras5&6 of application, CM no.1327/2025 filed by respondents, this writ petition is disposed of by directing the respondents to take a decision in the cases of petitioners for relaxation of qualification and age bar within a period of two months from the date copy of this order is served upon them. 8. Disposed of. CCP(S) No.258/2024 9. In view of disposal of writ petition, proceedings are dropped and instant petition is closed. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 28.07.2025 Misba