CAT Srinagar modifies interim stay on promotions in School Education Department seniority dispute

15/10/2025

SRINAGAR, Oct 14: The Central Administrative Tribunal (CAT), Srinagar Bench, on Monday modified its earlier interim order in the seniority dispute involving the School Education Department, allowing promotions only in strict conformity with SRO 272 of 2008 and SRO 308 of 2008.
The matter, titled School Education Department vs. Mohd. Aslam Rather & Ors., came up before Member (Judicial) M.S. Latif, with Mr. Mohd. Amin Bhat appearing for the contesting applicants and Mr. Satinder Singh, AAG, assisted by Ms. Rifat, Additional Secretary (Directorate of Education Kashmir), representing the respondents.
The applicants had challenged the Final Seniority List of Senior Assistants (No. DSEK/NT/Sr.Asstt/1747-66 dated 29.07.2025), contending that promotions were made in violation of SRO 272/2008, which requires qualification in the Secretariat Assistant Training Course (SATC) for promotion. They sought quashing of the list and adherence to eligibility norms under the SRO.
During earlier proceedings on 08.09.2025, the Tribunal had stayed promotions pending objections. The department subsequently moved an application (M.A. 1325/2025) seeking modification of the stay, assuring the Tribunal that promotions would be made only under the governing SROs.
In its order dated 13.10.2025, the Tribunal recorded the department's undertaking that "promotions will be made strictly in terms of SRO 272 of 2008 and SRO 308 of 2008 and no candidate will be promoted unless eligible under the rules." The Director, School Education Kashmir, Mr. Ghulam Nabi Itoo, also filed an affidavit supporting this position.
Mr. Amin Bhat, counsel for the applicants, however, referred to para 2 of his objections, highlighting that "57 employees were promoted as Senior Assistants in 2015, 2016, and 2018 without completing the mandatory SATC examination," and argued that such promotions contravened both SRO 272/2008 and Government Order No. 844-GAD of 2010.
He also cited Supreme Court precedents, including State of J&K v. Triloki Nath Khosa (1974) and Dalip Singh v. State of U.P. (2010), to assert that promotions contrary to eligibility rules are null and void.
After hearing both sides, the Tribunal modified its earlier order to state:
"In case any promotions are to be made in terms of the impugned seniority list to the next higher post, the same shall strictly be done in accordance with SRO 272 of 2008 dated 19.09.2008 and SRO 308 of 2008 dated 16.10.2008, and no candidate shall be promoted who does not conform to the requisite requirements."
The Tribunal further directed that if any promotion list is issued, the department must file an affidavit confirming that no ineligible candidate has been promoted.
The case will now be taken up for further hearing on November 7, 2025.

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