1 WP (C) No. 2537/2021 Serial No.02 REGULAR LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2537/2021 1. Mst. Syeda Begum, Aged 50 years W/o Ghulam Rasool Sheikh R/o Kambura, Rajward; 2. Mst. Reshan Jan, W/o Lt. Ajay Mohammad Cehchu, R/o Nechiyan Kama; 3. Ghulam Hassan Sheikh, Aged 58 years, S/o Ghulam Hassan Sheikh, R/o Malshahi Bagh, Ganderbal; 4. Abdul Aziz Shah, Aged 58 years, S/o Mohammad Maqbool Shah, R/o Khulmula, Ganderpora; 5. Ghulam Qadir Hajam, Aged 60 years, S/o Abdul Rahim Hajam, R/o Taka Mohalla, Shopian; 6. Ali Mohammad Dar, Aged 58 years, S/o Abdul Ganie Dar, R/o Redwani Bala; …Petitioner(s) Through: Mr. M.I. Qadri, Sr. Advocate Vs. 1. UT of JK Th. Secretary to Government Public Health Engineering/Jal Shakti Department, Civil Secretariat, Srinagar/Jammu; 2. Chief Engineer, Kashmir Division, Public Health Engineering/Jal Shakti Department, Silk Factory, Rajbagh, Srinagar- 190008; 3. Superintending Engineer (Hyd.) Circle Srinagar/Ganderbal, Public Health Engineering/Jal Shakti Department, Silk Factory Rajbagh, Srinagar; 4. Financial Advisor (Chief Accounts Officer) Public Health Engineering, Jal Shakti Department, Silk Factory, Rajbagh, Srinagar; 5. Departmental Promotion Committee Th. Chairman, Chief Engineer PHE/Jal Shakti Department Silk Factory, Rajbagh, Srinagar- 19008; 6. Central Administrative Tribunal, Jammu Bench, Wazarat Road, Jammu Th. Its Registrar; ...Respondent(s) Through: Mr. Jahangir Dar, GA Arif Hameed I attest to the accuracy and authenticity of this document 28.05.2025 2 WP (C) No. 2537/2021 CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R 26.05.2025 Per Sanjeev Kumar-J (oral): 1. This petition under Article 226 of the Constitution of India is filed by the petitioners seeking to challenge an order and judgment dated 30th June, 2021, passed by the Central Administrative Tribunal (CAT), Jammu Bench, [“the Tribunal”], in OA No. 62/1161/2020, whereby the OA filed by the petitioners has been disposed of by the Tribunal with a direction to the respondents to expedite the convening of the meeting of the Committee constituted by the respondents and take a decision regarding the promotions of the petitioners within a period of one month from the date of receipt of a certified copy of the aforesaid order. 2. Briefly stated, the facts leading to the filing of this petition are that the petitioners who were working as in-charge Chauffeurs/Drivers in various Divisions of Jal Shakti, Department in Kashmir Division, of the Union Territory of Jammu & Kashmir, filed OA before the Tribunal, on the ground that in the year 1998, a policy decision was taken by the Government in the General Administrative Department (GAD), to the effect that whenever the Department would purchase a small or big vehicle, the post of Driver/Cleaner would automatically stand created. This was done to obviate the necessity of taking up the matter with the GAD for creation of new post each time a new vehicle is purchased in the department. Arif Hameed I attest to the accuracy and authenticity of this document 28.05.2025 3 WP (C) No. 2537/2021 3. It is submitted by the petitioners that in the year 2017, a Departmental Promotion Committee (DPC) was constituted to fill up the vacant posts of Drivers/ Chauffeurs. Although the DPC was convened and a decision was taken but the same was not signed by all the members. With the plea that the respondents should have acted on the decision of the DPC, the petitioners filed OA before the Tribunal seeking inter alia a direction to the respondents to implement the so-called majority decision of the DPC held in the year 2017. 4. The petition was contested by the respondents and in their reply affidavit filed before the Tribunal, it was pleaded that the minutes of DPC could not be finalized for want of signatures by some of the members. It was pleaded that most of the members who constituted DPC in the year 2017 had retired and were not available for signatures. It was also pointed out by the respondents that with a view to working out the total sanctioned strength of Drivers existing in the department and also to accord promotion to the eligible persons, it had become necessary to constitute a Committee. 5. The Chief Engineer, Jal Shakti, Kashmir, vide Letter No. PHE/Estt/203-7 dated 2nd April, 2021, constituted a Committee under the Chairmanship of Financial Advisor/Chief Accounts Officer, Jal Shakti, PHE Department, Srinagar, to ascertain the authenticity of the list, sanctioned strength, seniority, and merit of the promotees with a direction to finalize the matter on priority. 6. Having considered the rival contentions and relying upon the plea of the respondents that they had constituted a Committee to look Arif Hameed I attest to the accuracy and authenticity of this document 28.05.2025 4 WP (C) No. 2537/2021 into the grievance, the OA was disposed of by the Tribunal vide judgment impugned, calling upon the respondents to convene the meeting of the Committee and take immediate decision with regard to subject matter of reference. It is this order of the Tribunal which is called in question before us. The impugned order of the Tribunal is challenged by the petitioners primarily on the ground that in view of the clear documentary evidence on record indicating that the total sanctioned strength of the Drivers of the Jal Shakti, Department in Kashmir Division is 120, there is no need to constitute a Committee and re-determine the sanctioned strength. It is submitted that the Tribunal should have issued the mandamus to the respondents to accord consideration to the promotion of the petitioners in tune with the decision of the Departmental Promotion Committee taken in the year 2017. 7. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the judgment impugned passed by the Tribunal is legally perfect, though it requires some elaboration and clarity. Admittedly, the minutes of DPC conducted in the year 2017 were not signed by all the members. Nothing has been brought to our notice to demonstrate that the minutes of meeting of the DPC even if not signed by all the members can be acted upon. Otherwise also, the decision of DPC is only recommendatory in nature and is not binding on the Competent Authority. Having said that, we find logic in the stand taken by the respondents, that in view of some confusion with regard to sanctioned strength of the Drivers in Kashmir Division of Jal Shakti Department, it has become Arif Hameed I attest to the accuracy and authenticity of this document 28.05.2025 5 WP (C) No. 2537/2021 necessary to conduct an exercise and, therefore, to achieve that end, the Chief Engineer has already constituted a Committee. 8. In view of the aforesaid, we do not find any legal infirmity in the order passed by the Tribunal, but would like to elaborate and clarify in the following manner: i. That the Committee constituted by the Chief Engineer vide his Letter No. PHE/Estt/203-7 dated 2nd April, 2021, shall immediately and forthwith commence its proceedings and determine the total sanctioned strength of the Drivers in the Kashmir Division of Jal Shakti, Department. ii. The Committee shall have due regard to the number of vehicles which are fit to drive and are in use of the Department, so that, upon completion of the aforesaid exercise, the posts of Drivers Grade II, I and Chauffeurs are identified and filled up by convening the DPC. iii. The exercise to determine the total sanctioned strength and the posts allocable to the three different grades of Chauffeurs shall be completed within a period of one month from the date a copy of this order is served upon respondents. iv. The exercise by DPC to consider all eligible persons including the petitioners for their placement in their respective pay scales shall be concluded within a period of four weeks thereafter. 9. Needless to say that if any of the petitioners is found eligible for promotion from retrospective date, he/she shall be accorded the promotion accordingly along with all financial benefits. Arif Hameed I attest to the accuracy and authenticity of this document 28.05.2025 6 WP (C) No. 2537/2021 10. Since the petitioners have contested the sanctioned strength earlier worked out by the respondents, as such, it would be in the fitness of things, if the petitioners are given an opportunity of being heard by the Committee and put up their point of view/stand before the Committee. Ordered accordingly. 11. The judgment of Tribunal is elaborated and clarified to the aforesaid extent. 12. Disposed of along with all connected CMs. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 26.05.2025 “ARIF” Whether approved for reporting? Yes/No Arif Hameed I attest to the accuracy and authenticity of this document 28.05.2025