Govt refixes seniority of two Dr Itoo, Tariq Ganai following court rulings

Srinagar: The Union Territory government has ordered the refixing of the seniority of Dr Ghulam Nabi Itoo and Tariq Hussain Ganai in the J&K Administrative Service .
The order follows the judgment dated April 3, 2025, by the Division Bench of the High Court of Jammu and Kashmir and Ladakh in Writ Petition (C) No. 2772/2023, titled UT of Jammu and Kashmir & Ors. vs. Dr. Ghulam Nabi Itoo and connected matters.
The court upheld the decision of the Central Administrative Tribunal (CAT), which had earlier directed restoration of the officers’ seniority as per a seniority list notified on June 24, 2011.
Records reveal that matter originated from a seniority list issued on April 7, 2021, which placed some officers promoted against anticipated vacancies below those promoted against regular vacancies. Dr Ghulam Nabi Itoo and others filed a petition challenging this arrangement before the CAT.
The tribunal ruled in their favour on January 25, 2023, directing restoration of their seniority along with all consequential benefits.
The Union Territory administration filed a writ petition against the CAT order. However, the High Court dismissed the petition, confirming that the officers were promoted against vacancies of 2008 and that the government could not alter the seniority list to their detriment without due process.
Following consultation with the Department of Law, Justice and Parliamentary Affairs, the Government approved the implementation of the High Court judgment without setting a precedent for other cases.
The government has fixed Dr G N Itoo’s seniority at position 113-A, placing him immediately below Shabnam Shah Kamili, who holds position 113, and immediately above Ravinder Kumar Bhat, at position 114.
Similarly, Tariq Hussain Ganai’s seniority has been fixed at position 120-A, just below Mohammad Hussain Mir (position 120) and just above Munir-ul-Islam (position 121).
The order also states that this refixation of seniority is without prejudice to any pending writ petitions before the competent courts.
Concerned departments have been directed to complete all necessary formalities in accordance with the court judgment and government order