Kafeel Ahmed Ferozi vs Ut Of J&K
2025 Latest Caselaw 926 J&K

Jammu & Kashmir High Court

Kafeel Ahmed Ferozi vs Ut Of J&K on 11 February, 2025

                                                                                    74
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

  WP(C) No. 305/2025

  Kafeel Ahmed Ferozi                               .....Appellant(s)/Petitioner(s)
                          Through:   Mr. Vinod Kotwal, Advocate
                     vs
  UT of J&K                                                   ..... Respondent(s)
                          Through: Ms. Aatir Javed Kawoosa, Advocate

  Coram: HON'BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE
         HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
                                     ORDER

11.02.2025

With the appearance of Mr. Aatir Javed Kawoosa, Advocate, caveat

stands discharged.

WP(C) No. 305/2025

01. The petitioner has challenged the order appointing him on officiating

charge which was set-aside by the Hon'ble Central Administrative Tribunal and

thereafter, giving the benefit to the respondent on Caveat. Mr. Kawoosa has raised

the arguments that the petitioner before this court did not meet the criteria of

eligibility with regard to number of years required on the post of Class-IV for

promotion to the post of Divisional Architect. He has also submitted that the law is

no longer res integra on that issue and right up to the Supreme Court has been held

that a person cannot be promoted to the higher post if he is having ineligibility on

account of the number of years' experience required in the feeding cadre.

02. Per contra, learned counsel for the petitioner has submitted that

appointment on ad-hoc basis in an officiating charge to the next post cannot be

equated in promotion and, therefore the submissions put forth by leaned counsel for

the respondent/caveator will not apply.

2 WP(C) 305/2025

03. Learned counsel for the caveator has prayed for time to place before

this court judgments of this court and the Supreme Court whereby it is laid down

that even for posting on officiating capacity to the next higher post, the criteria of

eligibility with regard to number of years' experience in the feeding cadre cannot be

ignored.

04. List on 17.02.2025.

                         (Rajesh Sekhri)                      (Atul Sreedharan)
                              Judge                                 Judge

Jammu
11.02.2025
Abinash