Jammu & Kashmir High Court
Union Territory Of J & K Through vs Mohd. Parvaiz S/O Mohd. Hafiz R/O on 7 October, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 20
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP (C) No. 433/2025
CAV No. 2327/2024
1. Union Territory of J & K through,
Commissioner/Secretary to Government
Health & Medical Education Department
J & K Government, Jammu
2. Director, Health Services, Jammu .....Applicant(s)/Petitioner(s)
Through :- Ms. Monika Kohli, Sr. AAG
v/s
Mohd. Parvaiz S/o Mohd. Hafiz R/o
Thanamandi, Tehsil and District Rajouri.
Pin code- 185135
e-mail: [email protected] .....Respondent(s)
Through :- Mr. F.A. Natnoo, Advocate
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER (ORAL)
07.10.2025
Sanjeev Kumar J
1. Impugned in this petition, filed by the Union Territory of J & K and
others under Article 226 of the Constitution of India, is an order and
judgment dated 07.11.2024 passed by the Central Administrative
Tribunal, Jammu Bench ["the Tribunal"] in OA No. 1610/2022 titled
Parvaiz vs. UT of J & K and Others, whereby the Tribunal has quashed
the Order No. DHSJ/Legal/10645-49 dated 03.11.2022 issued by the
Director Health Services, Jammu and directed him to promote the
respondent as Head Assistant keeping in view his eligibility and
entitlement at the relevant point of time with all consequential benefits
excluding the monetary benefits.
2. The impugned judgment is challenged by the petitioners, primarily, on
the ground that the Tribunal has not appreciated the fact that the
respondent lacked the basic eligibility prescribed for promotion to the
post of Head Assistant and, therefore, had no right to claim promotion
and locus to file petition. This submission of learned counsel for the
petitioners is met by Mr. F.A. Natnoo, learned counsel for the
respondent, by submitting that during the pendency of the litigation, the
respondent has not only acquired the four years' service in the cadre of
Senior Assistant, but has also qualified Secretariat Assistant training
course. He, therefore, submits that the respondent is now eligible in all
respects to be promoted to the post of Head Assistant.
3. Mr. F.A. Natnoo, learned counsel for the respondent fairly submits that
the respondent would feel satisfied if a direction is issued to the
petitioners to consider the case of the respondent for promotion either
on the basis of his seniority position or on account of reservation
provided to his category, i.e., OSC whichever occasion comes earlier.
4. Having regard to the submissions made by learned counsel appearing
on both the sides and regard being had to the nature of relief prayed for,
this petition is disposed of by directing the Director, Health Services,
Jammu to consider the case of the respondent who is now eligible in all
respects for the post of Head Assistant as per the roster position
assigned to the category of OSC. The Director shall also accord
consideration to the respondent for such promotion, if the occasion for
promotion on the basis of seniority position of the respondent comes
earlier. The consideration to be accorded as and when next DPC for
promotion to the post of Head Assistant is commenced, shall be strictly
as per the Recruitment Rules r/w J & K Reservation Act, 2004 and the
Rules framed thereunder.
5. The judgment of the Tribunal is modified to the aforesaid extent and
this petition is disposed of accordingly.
(Sanjay Parihar) (Sanjeev Kumar)
Judge Judge
JAMMU
07.10.2025
Manik
Whether this order is speaking: yes/no
Whether this order is reportable: yes/no
