SRINAGAR: The Jammu and Kashmir Government has rejected claims seeking regularisation and confirmation of 21 in-charge Junior Assistants in the Jal Shakti Department’s Kashmir division, citing the absence of vacancies under the prescribed promotional quota.
The decision was issued through Government Order No. 190-JK (JSD) of 2026, dated October 24, by the Jal Shakti Department, following an examination of the cadre position, applicable recruitment rules and directions issued by the Central Administrative Tribunal (CAT).
According to the order, the claims related to 21 Orderlies who had been placed as in-charge Junior Assistants in the office of the Chief Engineer, Jal Shakti (PHE), Kashmir, in two batches. Twelve officials were placed in the position through Order No. 99/PSD/Est. of 2023 dated May 16, 2023, while nine others were covered by Order No. 119/JSD/Est. of 2025 dated July 31, 2025.
The department examined the matter in light of two cases before the Tribunal concerning promotion opportunities and the seniority list of ministerial staff.
In O.A. No. 436/2026, Javid Ahmad Bhat challenged a departmental communication dated March 23, 2026, alleging that 21 posts earmarked for promotion had been diverted to direct recruitment. He sought consideration for promotion against available vacancies under the promotional quota, along with consequential service benefits.
In an interim order dated March 5, 2026, the Tribunal directed the department to adhere strictly to the prescribed rules governing direct recruitment and in-service promotions if any promotions were made during the pendency of the case.
The second case, O.A. No. 694/2026, was filed by Suriya Jaheen and others against the final seniority list of ministerial staff, including Junior Assistants, issued on June 30, 2026. The applicants raised objections over their exclusion from the list and sought consideration of their claims under the promotional quota.
On July 9, 2026, the Tribunal directed the respondents to consider and dispose of the applicants’ objections through a reasoned order within two weeks of receiving a certified copy of its order. It also directed that the final seniority list of Junior Assistants should not be given effect to until the objections were considered and for a further period of two weeks.
The government order states that the post of Junior Assistant is governed by Rule 5 read with Schedule II-B (Ministerial) of the Jammu and Kashmir Engineering (Subordinate) Service Recruitment Rules, 1997, notified through SRO-180 dated May 26, 1997.
Under these rules, 75 per cent of the posts are to be filled through direct recruitment and the remaining 25 per cent through promotion from prescribed feeder categories, including Jamadars, Orderlies, Chowkidars and Helpers (Office). Promotion is subject to the prescribed eligibility conditions, including educational qualifications, qualifying service, passing a typewriting test at a minimum speed of 30 words per minute and the availability of vacancies under the promotional quota.
The Chief Engineer, PHE Kashmir, informed the department that all 21 officials had qualified the typewriting test conducted on December 28, 2022, with the result declared on December 31, 2022, and had completed the requisite qualifying service.
However, the cadre assessment cited in the order showed that no vacancies were available under the promotional quota during the relevant period.
Against a sanctioned strength of 200 Junior Assistant posts, the promotional quota accounted for 50 posts, while 150 were earmarked for direct recruitment.
As of January 1, 2023, the department reported 96 officials occupying posts through promotion against the quota of 50, while direct recruitment accounted for 47 incumbents against its quota of 150. Although 57 vacancies existed overall, the assessment recorded no vacancies under the promotional quota, with promotional incumbency exceeding the prescribed quota by 46.
As of January 1, 2025, promotional incumbency stood at 81 against the quota of 50, while direct recruitment accounted for 42 officials. The overall number of vacancies was 37, but none was available under the promotional quota, according to the order. Promotional incumbency exceeded the notional quota by 31.
The department also referred to Government Order No. 743-GAD of 2007, dated June 28, 2007, which provides that a promotion is to take effect from the date of eligibility, availability of a vacancy or placement, whichever is later.
After considering the recruitment rules, cadre strength, quota-wise incumbency and the Tribunal’s directions, the government rejected the claims at this stage on the ground that the required promotional vacancies were not available.
The Chief Engineer, PHE Kashmir, has been directed to ensure compliance with the Tribunal’s operative directions and submit a factual reply or compliance report to the Administrative Department for presentation before the Tribunal, as required.
