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Jammu & Kashmir High Court - Srinagar Bench
Shafat Sultan vs Union Territory Of J And K And Ors on 19 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
2021:JKLHC-SGR:8555
01
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1418/2020
SHAFAT SULTAN ..... Petitioner(s)
Through: Mr. M Y Bhat, Sr. Advocate with
Ms. Urba, Advocate.
V/s
UNION TERRITORY OF J AND K AND ORS.
..... Respondent(s)
Through: Mr. Waseem Gull, GA
Mr. Mir Suhail, Advocate.
Coram:
Hon'ble Mr. Justice Rahul Bharti, Judge
ORDER
19.02.2026
1. In terms of an order dated 12.02.2026, this Court called upon
Mr. Waseem Gull, learned GA to come up with an affidavit
related to origin of J&K State Council for Science and
Technology and also of Jammu and Kashmir Energy
Development Agency.
2. Incidentally, Mr. M Y Bhat, learned Senior Advocate, comes
forth with factual input that the Jammu and Kashmir State
Council for Science and Technology is a Government Society
which came to be registered under the Societies Registration
Act Samvat 1998 (1941 AD) vide Registration No. 1550-S of
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1989. Likewise, the Jammu and Kashmir Energy
Development Agency (JAKEDA) is a Society under Jammu
and Kashmir Societies Registration Act, Samvat 1998 (1941
AD) vide Registration Certificate No. 1160- S of 1986
meaning thereby that the Jammu and Kashmir Energy
Development Agency (JKEDA) is prior in time of
constitution and existence to Jammu and Kashmir State
Council for Science and Technology.
3. By virtue of being registered Government Societies, both
Jammu and Kashmir State Council for Science and
Technology and Jammu and Kashmir Energy Development
Agency have their respective Memorandum of Association
and Rules of Association on the basis of which two came to be
governed all along and are being governed as on date as well.
Both the Government Societies have pervasive control of the
Government of Jammu and Kashmir be it when Jammu and
Kashmir was a State and now when it is obtaining as Union
Territory.
4. Thus, the identity aspect with respect to Jammu and Kashmir
State Council for Science and Technology and Jammu and
Kashmir Energy Development Agency gets confirmed.
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5. However, it needs to be confirmed by the respondent No. 1-
Union Territory of Jammu and Kashmir through its Secretary
to Government Science and Technology Department as to
whether the originally framed rules and regulations are
obtaining as it is without any amendment in the course of
time or the same are obtaining in an amended form.
6. Therefore, to this aspect let Mr. Waseem Gull, learned
Government Advocate representing the respondent No. 1
come up with an affidavit along with production of respective
Rules and Regulations of Jammu and Kashmir State Council
for Science and Technology and Jammu and Kashmir Energy
Development Agency by or before next date of hearing.
7. In the meantime, Mr. M Y Bhat, learned Senior Advocate has
come up with late introduction of a fact of relevance which is
relatable to a writ petition SWP No. 1884/2008 which was
preferred by the petitioner before High Court of Jammu and
Kashmir, Jammu Wing with respect to claim for promotion to
the post of Chief Executive Officer, Jammu and Kashmir
Energy Development Agency (JAKEDA) in which on behalf
of the respondent No. 1 and 2 therein, the reply/objections
came to be submitted through Advocate General of the time
with General Administration Department (GAD) stating it as
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a fact that the petitioner-Shafat Sultan is on the substantiative
post of Deputy Chief Executive Officer, Jammu and Kashmir
Energy Development Agency (JKEDA).
8. This statement of fact on affidavit shall suffice to give final rest
to confusion/controversy with respect to actual parent
Department/Organization of the petitioner in terms of his
service status.
9. This stand of the General Administration Department (GAD),
Government of Jammu and Kashmir in response to writ
petition SWP No. 1884/2008 is not in tune with the latest
Supplementary Affidavit/Compliance Report dated
27.01.2026 submitted by Commissioner/Secretary to
Government, Science and Technology Department, Union
Territory of Jammu and Kashmir in which the
Commissioner/Secretary to Government is meaning to state
that in sequel to the events in which the petitioner remained
outside his parent department which is Jammu and Kashmir
Energy Development Agency (JKEDA) at various intervals
for almost a decade, it is not conclusive to determine the lien,
seniority, absorption of the petitioner in JAKEDA/JKST&IC.
10. In light of the aforesaid, this Court needs to send for the
record of SWP No. 1884/2008 from Jammu Wing.
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11. Registrar Judicial, Srinagar is directed to requisition the
record of the said writ petition SWP No. 1884/2008 from
Jammu Wing positively by or before next date of hearing.
12. Mr. Mir Suhail, Advocate has produced two Government
Orders i.e. Government Order No. 154-ST of 2009 dated
19.11.2009 and Government Order No. 16-ST of 2010 dated
18.02.2010. The same are taken on record.
13. This Court reminds Mr. Waseem Gull, learned Government
Advocate about the direction as given in the order dated
29.12.2025 with respect to matter of payment of salary to the
petitioner and also with respect to processing of the case for
GP-Fund.
14. Copy of this order be provided to Mr. Waseem Gull, learned
Government Advocate for the sake of notice and compliance
at the end of the respondent No. 1.
15. List in continuation on 12.03.2026 as case No. 1.
(Rahul Bharti)
Judge
SRINAGAR
19.02.2026
Aasif
Whether the order is speaking Yes/No
Whether the order is reportable Yes/No
