SYED ASIF HAFIZ Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) The subject matter of the instant Writ Petition is challenge made to the interim Order dated 23rd of June, 2021 passed by the Central Administrative Tribunal, Srinagar (for short 'the Tribunal') in OA No.901/2021 filed by the Respondents 5 to 15 herein, whereby the learned Tribunal, while issuing notice in the OA for filing the Counter Affidavit and Rejoinder, has stayed the final seniority list issued vide Government Order No. 187-PW(R&B) of 2021 dated 21st of May, 2021 relating to the Junior Engineers (Mechanical-Degree Holders) of the Public Works (R&B) Department.

(2.) Mr Zahoor Ahmad Shah, the learned Counsel representing the Petitioners, submitted that the Order impugned herein this Petition has already been put to challenge by some similarly situated persons before this Court in WP (C) No.2674/2021 which is listed for consideration on 3rd of February, 2022. It is further submitted that this Petition be also listed along with the aforesaid Writ Petition and the interim Order passed therein on 21st of December, 2021 be extended to the present Petition as well. It is next pleaded by the learned Counsel that the issue of seniority inter se the Petitioners and the Private Respondents herein is now being taken up by the Tribunal on 1 st of February, 2022 pursuant to the directions passed by this Court.

(3.) Mr Syed Faisal Qadri, the learned Senior Counsel, appearing on behalf of the Caveators/Respondent Nos. 5 to 15, vehemently resisted grant of any interim relief in favour of the Petitioners by submitting that the Petition of the Petitioners has turned infructuous inasmuch as the Petitioners have already been promoted on 14th of January, 2022 which is the subject matter of the proceedings pending before the Tribunal wherein this Court has directed the Tribunal to consider the matter on merits, notwithstanding pendency of the Petition before this Court qua the Petitioners and Respondent Nos.5 to 15.