Srinagar: The Central Administrative Tribunal (CAT) has quashed and set aside the rejection order and the final seniority list of Class IV employees of the Sheep Husbandry Department for the districts of Budgam, Baramulla and Bandipore.
A division bench of the CAT comprising Justice Ritu Tagore and Prasant Kumar (member), while disposing of the petitions, held that the rejection order and the final seniority lists of the three districts cannot be sustained in law.
“Accordingly, we quash and set aside the Consideration Order No. 36 SHD of 2025, dated 15.5.2025, the final seniority list of the three districts, issued vide Notification No. DSHK/Estt-Inf/2025-26, C. No. 760036/2306-61, dated 21.5.2025 for the district of Bandipora, Notification No. DSHK/Estt-Inf/2025-26, C. No. 7670012/2460-61, dated 24.5.2025, for the district of Budgam, and Notification No. DSHK/Estt-Inf/2025-26, C. No. 7861358/6466-67, dated 24.5.2025 for the district of Baramulla,” ordered the bench.
It further ordered “as the impugned final seniority lists of the districts Bandipora, Budgam and Baramulla refer to tentative seniority list circulated through Circular No. DSHK/Estt/NF/2024-25/14260-93 dated 15.3.2025, this circular is also quashed and set aside.”
The Tribunal was also of the considered view “the Circular No. DSHK/Estt/NG/(170743)/471-503 dated 12.4.2025, as it pertains to preparation of agenda for the District-level Departmental Promotion Committee and asks service particulars of eligible/prospective candidates for obtaining vigilance clearance certificates, cannot be sustained and hence are quashed and set aside as both the tentative and final seniority lists are being quashed and set aside.”
It directed the respondents including the UT’s Commissioner Secretary, Sheep Husbandry Department J&K Govt.; Director, Sheep Husbandry Department and others “to prepare and notify the final seniority list of the multi-tasking staff of the respondent department as provided for in SO 133 of 2022 within a period of eight weeks from the date a copy of this order is served upon them and thereafter convene the Departmental Promotion Committee meeting expeditiously”.
Respondents have been “put at liberty to notify the exception for those post(s) that require technical qualification in pursuance to provisions of SO 133 of 2022. Respondents are also directed to pass a fresh speaking and reasoned consideration order in compliance with the earlier order of this Tribunal in the same time-frame of eight weeks”.
The CAT also directed the respondent authorities that in compliance with the SO 151 of 2022, they shall amend the recruitment rules expeditiously to provide uniform career progression for all Class-IV employees.
The applicants were appointed against various Class-IV posts in the Sheep Husbandry Department and are presently working as Multi-Tasking Staff pursuant to the restructuring of Class-IV cadre in terms of S.O. 133 of 2022 and S.O. 151 of 2022.
Their grievance is that despite issuance of the statutory orders, the respondents have continued to maintain obsolete designations such as Assistant Stockman, Chowkidar, Fieldman, etc., while preparing the seniority lists, thereby resulting in discrimination among similarly situated employees.
Their counsel pleaded that S.O. 133 of 2022 and S.O. 151 of 2022 have completely restructured the Class-IV cadre and mandated uniform designation as Multi Tasking Staff with common promotional avenues.
He contended that once the statutory framework has abolished the earlier nomenclature, the respondents could not have legally continued with wing-wise or designation-wise seniority.
He also argued that the rejection order dated 15.05.2025 by virtue of which claim of the petitioners has been cast-off, is cryptic, non-speaking and does not deal with the specific objections raised by the applicants with reference to the statutory orders.
He submitted that this Tribunal, in earlier proceedings had specifically directed the respondents to consider the objections of the applicants strictly in accordance with S.O. 133 of 2022 and S.O. 151 of 2022.
The petitioners had prayed that the respondents be directed to prepare and notify a uniform seniority list of all Multi Tasking Staff (erstwhile Class IV employees) in strict conformity with SO 133 of 2022 and SO 151 of 2022. ITEM 8 4 OA 570 OF 2025.
Besides, they sought to restrain upon respondents from convening any Departmental Promotion Committee (DPC) or effecting any promotion on the basis of the seniority list, pending finalization of a lawful and uniform seniority list.
It is mentionable that identical issues of similarly situated employees from Jammu have already been adjudicated in favour of the petitioners by the Jammu Bench of this Tribunal.
