Sajad Ahmad Wani v. Union Territory of J and K (Housing and Urban Development) and Others

Serial No. 57 Suppl. Cause List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

WP(C)/2250/2026 CM/6141/2026

¶1Sajad Ahmad Wani (40 years) S/o Ghulam Nabi Wani R/o Alamdar Colony Lal Bazar, Srinagar

...Appellant(s)/Petitioner(s)

Through: - Mr. M. A. Beigh, Advocate.

V/s

¶1Union Territory of J&K through Commissioner Secretary to Govt. Housing and Urban Development Department J&K Civil Sect. Srinagar/Jammu.

¶2Director Urban Local Bodies Kashmir, Srinagar.

¶3Executive Officer Municipal Committee Hajin District Bandipora.

¶4Accounts Officer Directorate of Urban Local Bodies, Kashmir Srinagar. … Respondent(s) Through:- CORAM:

HON'BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER)

11.09.2026

01.

Petitioner, through the medium of this petition, alleges that the respondents have not released the pay scale of Rs. 3050-4910, attached to the post of Death and Birth Reporter in terms of Govt. Order No. 214-HUD of 2008 dated 23rd of May, 2008, and also the in-situ promotion in terms of SRO 14 of 1996, in his favour and has prayed for the following reliefs:

(i) a writ of mandamus or any other order or direction commanding the respondents to release the actual grade/ pay scale of Rs. 3050-4910 in favour fo the petitioner attached to the post of Death and Birth Reporter from the date of

Appointment (1-4-2008) in terms of Government Order No. 214-HUD of 2008 dated 23-05-2008, together with all consequential services benefits in order to remove pay anomaly.

(ii) Direct the respondents to consider and decide the representations submitted by the petitioner for release of the grade of Rs. 3050-4910 attached to the post of Death and Birth Reported held by him on substantive basis. the respondents be directed to treat the petitioner similarly as he has been done by them in the case of other employees on the basis of Hon'ble Court orders or otherwise by them in terms of the orders annexed with the writ petition.

(iii) The respondents further directed to release the due in-situ promotion in terms of SRO 14 of 1996 called the Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 in favour of the petitioner.

(iv) Any other order or direction may also be passed in favour of the petitioners which this Hon'ble Court deems fit and proper in the fact of the circumstances of the case.

¶02Learned counsel for the petitioner submits that the petitioner has not been granted the pay scale and also the benefits to which he is entitled under SRO 14 of 1996 though his case has been considered by the respondents but no final decision has been taken in the matter.

03.

He further submits that the matter has already been considered by the Coordinate Bench in WP(C) No. 2118/2026, in an identical matter, wherein vide order dated 28th of August, 2026, the respondents were directed to take immediate steps for considering the case of the petitioner therein for grant of in-situ grade promotion in terms of the Jammu &

Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996, and in light of the judgment passed by this Court in SWP No. 361/2016, provided the petitioner is similarly situated to the writ petitioners of the aforesaid case.

04.

Learned counsel for the petitioner submits that the petitioner would be satisfied in case a similar order is passed in this petition, and the matter is disposed of at this stage with a direction to the respondents to consider his case as well in terms of the judgment passed by this Court in SWP No. 361/2016.

05.

Having regard to the innocuous prayer made by the learned counsel for the petitioner and maintaining parity, the petition is deposed of at this motion stage with a direction to the respondents to consider his case for grant of in-situ and grade promotion in terms of the Jammu & Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996, in light of the judgment passed by this Court in SWP No. 361/2016, provided the petitioner is similarly situated to the writ petitioner of the aforesaid case. The consideration shall be accorded by the respondents, expeditiously, preferably within a period of three months from the date a copy of this order is made available to them.

06.

Disposed of, on above terms, along with the connected CM(s).

(M. A. CHOWDHARY)

JUDGE SRINAGAR September 11th, 2026 "Shoaib javid"