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2026 DAILYLAW 638 (JK)

BASHIR AHMAD SHEIKH v. DEERAJ GUPTA AND ORS. (HOUSING AND URBAN LOCAL BODIES)

CCP(S)/408/2022 · 2026-04-07

Sanjay Dhar

body2026

Judgment text

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Item No.49 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Date of Prounancement:07.04.2026 Uploaded on:10.04.2026 CCP(S) No.408/2022 BASHIR AHMAD SHEIKH …PETITIONER(S) Through: Ms. Masooda Jan, Sr. Adv. with Ms. Nazima, Advocate. Vs. MR. DEERAJ GUPTA & ORS. …RESPONDENT(S) Through: None for respondents. CORAM:HON’BLE MR. JUSTICE SANJAY DHAR,JUDGE ORDER(ORAL) 07.04.2026 1. The petitioner through the medium of present petition is seeking implementation of order dated 09.112021 passed by the Writ Court, whereby the respondents have been directed to ensure that the case of the petitioner is placed before the Departmental Promotion Committee as and when convened and the same is considered for promotion as per merit, eligibility and suitability in strict compliance with the Rules of 2008. 2. The latest statement of facts dated 27.12.2025 stands filed by the respondents. In the said statement of facts, it has been contended that 2 the seniority lists of various cadres/classes of service including the class to which the petitioner belongs could not be finalized in view of ongoing investigation in FIR No.19/2011 of Police Station, Crime Branch, Kashmir. It has been submitted that pursuant to communication dated 30.05.2025 issued by Director, Urban Local Bodies, Kashmir (ULB), the Housing and Urban Development Department has, vide communication dated 26.08.2025, requested the Director, ULB, to revisit the DPC agenda whereafter the Director vide his communication dated 22.09.2025 constituted a committee to finalize the seniority list of all incumbents borne on the establishment of Urban Local Bodies, Kashmir. It has been submitted that as soon as the seniority list of all cadres including the petitioner shall be finalized, the DPC shall be convened for considering the promotion case of all eligible aspirants including the petitioner. 3. In the compliance report, it has been submitted that the petitioner’s case for grant of 2nd step in-situ promotion is under evaluation and the requisite steps for convening the DPC to consider the case of the petitioner for promotion are under way. 4. As is clear from the order of the Writ Court, no timeframe has been given to the respondents to convene the DPC for considering the case of the petitioner for grant of promotion. As per the order of the Writ Court, the case of the petitioner is to be placed before the DPC, as and when convened, but that does not mean that the respondents 3 cane defer convening of DPC indefinitely. However, one thing is clear that the respondents have not committed any breach of the order of the Writ Court as on date. Therefore, the contempt proceedings are closed, leaving it open to the petitioner to review the same in case the respondents do not convene the DPC in next six months. (Sanjay Dhar) Judge Srinagar 07.04.2026 “Bhat Altaf-Secy” Whether the order is reportable: Yes/No