J&K Govt Rejects Regularisation Claims of 21 In-Charge Junior Assistants in Jal Shakti Department
SRINAGAR: The Jammu and Kashmir Government has rejected, at this stage, the claims seeking regularisation and confirmation of 21 in-charge Junior Assistants in the Jal Shakti Department’s Kashmir division, citing the non-availability of vacancies under the prescribed promotional quota.
The decision was conveyed through Government Order No. 190-JK (JSD) of 2026, dated October 24, following an examination of the cadre position, applicable recruitment rules and directions issued by the Central Administrative Tribunal (CAT).
According to the order, the matter concerns 21 Orderlies who were placed as in-charge Junior Assistants in the office of the Chief Engineer, Jal Shakti (PHE), Kashmir, in two batches. Twelve officials were assigned the posts through Order No. 99/PSD/Est. of 2023, dated May 16, 2023, while nine others were covered under Order No. 119/JSD/Est. of 2025, dated July 31, 2025.
The department examined the claims in light of two cases pending 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 strictly adhere 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, challenging the final seniority list of ministerial staff, including Junior Assistants, issued on June 30, 2026. The applicants raised objections regarding 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 further directed that the final seniority list of Junior Assistants should not be given effect to until the objections were considered and for an additional period of two weeks thereafter.
Recruitment Rules and Promotional Quota
The government order states that recruitment to 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 the prescribed rules, 75 per cent of the posts are to be filled through direct recruitment, while the remaining 25 per cent are reserved for promotion from designated feeder categories, including Jamadars, Orderlies, Chowkidars and Helpers (Office).
Eligibility for promotion is subject to the prescribed 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 results declared on December 31, 2022. The officials had also completed the requisite qualifying service.
However, the department’s cadre assessment concluded that no vacancies were available under the promotional quota during the relevant period.
No Vacancies Under Promotional Quota
According to the assessment cited in the order, the sanctioned strength of Junior Assistants stood at 200 posts, of which 50 were earmarked for promotion and 150 for direct recruitment.
As of January 1, 2023, a total of 96 officials were occupying posts through promotion against the prescribed quota of 50, while direct recruitment accounted for 47 incumbents against its quota of 150.
Although 57 vacancies existed overall, the department reported no vacancies under the promotional quota. The number of officials occupying promotional posts exceeded the prescribed quota by 46.
The position remained similar as of January 1, 2025. Promotional incumbency stood at 81 against the quota of 50, while 42 officials occupied posts filled through direct recruitment.
Despite 37 vacancies across the cadre, the department reported no available vacancies under the promotional quota. Promotional incumbency exceeded the prescribed quota by 31, the order stated.
The department also referred to Government Order No. 743-GAD of 2007, dated June 28, 2007, which stipulates that a promotion takes effect from the date of eligibility, availability of a vacancy or placement, whichever is later.
Chief Engineer Directed to Ensure Compliance
After examining the recruitment rules, sanctioned cadre strength, quota-wise incumbency and the Tribunal’s directions, the government rejected the claims at this stage, citing the absence of the required vacancies under the promotional quota.
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.
The matter remains subject to the applicable recruitment rules and the Tribunal’s directions.