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2025 DAILYLAW 8017 (JK)

PRINCE SHAHNAWAZ MALIK AND ORS. v. AGA SYED BARKAT HUSSAIN AND ORS.

WP(C)/1509/2025 · 2025-07-01

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

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Serial No. 34 SUPPLEMENTARY LIST I IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1509/2025 CM 3862/2025 PRINCE SHAHNAWAZ MALIK & ORS. …Petitioner/Appellant(s) Through: Mr. Jahangir Iqbal Ganai, Sr. Advocate with Ms. Mehnaz Rather, Advocate Vs. AGA SYED BARKAT HUSSAIN AND ORS. ...Respondent(s) Through: Mr. Bhat Fayaz, Advocate for R-1 to 9. Mr. Abdul Rashid Malik, Sr. AAG for R-10 to 12. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R 01.07.2025 1. In this petition filed under Article 226 of the Constitution of India, the petitioners seek to challenge an order dated 9th December, 2024, passed by the Central Administrative Tribunal, Srinagar [“the Tribunal”] in OA No. 730/2024, whereby the Tribunal has directed the official respondents not to operate the waitlist notified vide order dated 19th November, 2024. 2. The impugned order is assailed by the petitioners primarily on the ground that the interim relief granted by the Tribunal goes beyond the prayer made in the application bearing MA No. 985/2024. 3. On the asking of the Court, Mr. Bhat Fayaz, learned counsel, appeared on behalf of the respondents 1 to 9 and Mr. Abdul Rashid Malik, learned Sr. AAG appeared on behalf of respondents 10 to 12. 4. We have heard the learned counsel for the parties and perused the material on record. The application on which the impugned interim order MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 02.07.25 has been passed by the Tribunal was moved by the petitioners (private respondents herein), seeking a direction to the official respondents to reserve nine posts of Works Supervisor in the Public Works (R&B) Department, advertised in terms of Advertisement Notification No. 05 of 2020 dated 24th December, 2020, under item No 134. The aforesaid direction was prayed by the private respondents herein on the ground that their names figure in the select list, though their selection has been withheld pending verification of their testimonials. The application was considered by the Tribunal, and in terms of the impugned order, the Tribunal instead of reserving the nine posts of Works Supervisor in the Public Works (R&B) Department as prayed for by the private respondents herein, passed a sweeping order staying the entire waitlist. This was obviously beyond the prayer made by the applicants. 5. Mr. Bhat Fayaz, learned counsel who appeared for the private respondents on asking of the Court could not justify the said direction. 6. In view of the aforesaid, this petition is allowed and the impugned order is set aside. We, however, provide that till the main application bearing OA No. 730/2024 is considered and decided, the official respondents shall keep nine posts of Works Supervisor in the Public Works (R&B) Department reserved. 7. Disposed of. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 01.07.2025 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 02.07.25