Wildlife Dept seniority dispute: JK HC stays CAT order granting retrospective seniority to officer

Srinagar: The High Court of Jammu and Kashmir and Ladakh has stayed the implementation of a Central Administrative Tribunal (CAT) judgment that had set aside the final seniority list of the Wildlife Protection Department and ordered retrospective seniority and consequential promotional benefits in favour of 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 other officers who have challenged the tribunal’s decision delivered on March 16 this year.

The Bench issued notice in the petition after Advocate Anuj Dewan Raina, appearing for respondent 1, Saleem ul Haq, accepted notice on his behalf. The petitioners were directed to effect service upon the remaining respondents.

Pending further consideration of the matter, the court ordered that the CAT judgment shall remain in abeyance until the next date of hearing.

“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 1388/2020 titled Saleem ul Haq vs State of J&K and others, shall remain stayed. Alteration/modification on laying a motion,” the Bench said.

The controversy stems from the determination of seniority in the Wildlife Protection Department following the absorption of Saleem ul Haq, who had initially joined the Education Department before being transferred to the Wildlife Department as an Ecologist in November 1995. Although he continued to serve in the department, his permanent absorption took place only in June 2000.

A final seniority list issued in 2017 treated his qualifying service as commencing from the date of absorption. Saleem ul Haq challenged the decision before the CAT, arguing that his uninterrupted service in the department from November 1995 should have been considered while fixing his seniority.

Allowing his plea, the tribunal quashed the seniority list and directed the authorities to count his service from November 22, 1995, while extending consequential promotional benefits after revising the seniority.

The officers likely to be affected by the revised seniority approached the High Court, contending that service rendered on deputation cannot be counted towards seniority before an employee is substantively appointed to the cadre. The High Court has listed the matter for further hearing on September 16.