Srinagar, Jul 01, KDC: The High Court of Jammu and Kashmir and Ladakh has stayed the operation of a Central Administrative Tribunal order that had quashed the final seniority list of the Wildlife Protection Department and directed the government to extend retrospective seniority and consequential promotional benefits to an officer.
A Division Bench of Justice Sindhu Sharma and Justice Rajesh Sekhri passed the interim order while hearing a writ petition filed by Rashid Yahya Naqash and others challenging the tribunal’s judgment dated March 16, 2026.
The dispute centres on the seniority of Saleem ul Haq, who was initially appointed in the Education Department and was transferred to the Wildlife Protection Department in November 1995 as an Ecologist in his existing pay and grade. His services were permanently absorbed in the department in June 2000.
In 2017, the department issued a final seniority list after redesignating the posts as Assistant Conservator of Forests (Wildlife). The authorities counted Saleem ul Haq’s service from the date of his permanent absorption in 2000, placing him below several officers who were later promoted as In charge Deputy Conservator of Forests.
Challenging the seniority list before the Central Administrative Tribunal, Saleem ul Haq contended that his uninterrupted service in the Wildlife Protection Department since November 1995 ought to have been taken into account while determining his seniority.
Allowing his application on March 16, a Bench comprising Judicial Member Rajinder Singh Dogra and Administrative Member Ram Mohan Johri quashed the final seniority list and directed the authorities to reckon his service from November 22, 1995. The tribunal also directed the government to grant him consequential promotional benefits after revising the seniority.
The officers whose promotions were likely to be affected challenged the tribunal’s order before the High Court. According to the petitioners, seniority under the applicable service rules can accrue only from the date of substantive appointment in the cadre and not during the period an employee serves on deputation.
After hearing Senior Advocate Jahangir Ganai for the petitioners and Advocate Anuj Dewan Raina for the caveator, the Division Bench issued notice in the writ petition.
The court recorded that Raina accepted notice on behalf of respondent No. 1 (Saleem ul Haq) and directed the petitioners to take steps to serve the remaining respondents.
Pending further consideration, the Bench stayed the operation of the tribunal’s order.
“Meanwhile, subject to objections from the other side and till the next date of hearing before the Bench, the operation of the impugned order dated 16.03.2026, passed by the Central Administrative Tribunal, Jammu Bench, in T.A. No. 1388/2020 titled Saleem ul Haq vs State of J&K and others, shall remain stayed. Alteration/modification on laying a motion,” the court said in its latest order.
The matter has been listed for further hearing on September 16. (KDC)
