Abdul Salam Dar's claim for retrospective cadre change and promotion dismissed; Court emphasizes administrative discipline and finality of decisions.
In a significant ruling, the Jammu and Kashmir High Court has dismissed a petition filed by Abdul Salam Dar, a retired Reader of the Court, who sought retrospective promotion and re-designation as Assistant Registrar-II. The Division Bench, comprising Justices Sanjeev Kumar and Sanjay Parihar, delivered the judgment on February 5, 2026, upholding the administrative decisions taken by the High Court in maintaining the seniority and cadre designations of its staff.
The petitioner, Abdul Salam Dar, who retired as a Reader, had initially filed the petition in 2002. He sought to be re-designated as Assistant Registrar-II with retrospective effect from September 9, 1997, and claimed promotion in a higher pay grade, arguing that his qualifications and seniority warranted such changes. However, the Court found that Dar had accepted the post of Reader without protest and could not subsequently demand a cadre change at his discretion.
The Court noted that the petitioner was promoted to the position of Reader, a post equivalent in pay grade to Assistant Registrar-II, and had accepted this promotion. Moreover, Dar's position in the seniority list was determined based on established criteria, which included legitimate relaxation of qualifications for other employees, including respondents No.2 and 3, who were initially senior to him in the cadre.
The judgment emphasized the importance of administrative discipline, stating that cadre changes cannot be allowed based on individual preferences, especially after accepting a position. The Court also pointed out that the decisions rejecting the petitioner's multiple representations challenging his seniority and seeking cadre change had attained finality and could not be reopened.
In dismissing the petition, the High Court reinforced the principle that once administrative decisions have been made and accepted, they should not be subject to arbitrary changes, highlighting the significance of maintaining order and fairness within the administrative framework.
This ruling not only underscores the adherence to procedural fairness and established administrative norms but also serves as a precedent for similar service law disputes, emphasizing that individual career preferences cannot override structured administrative processes.
Bottom Line:
Service Law - Petitioner's claim for retrospective promotion and re-designation was dismissed on the grounds that he had accepted the post of Reader without protest and could not later demand a change in cadre. The High Court was justified in maintaining the seniority list and not accommodating the petitioner's request for cadre change at his discretion.
Statutory provision(s): J&K High Court Staff (Conditions of Service) Rules, 1968.
Abdul Salam Dar v. High Court of J&K, (Jammu And Kashmir)(DB) : Law Finder Doc id # 2850098
