JKRCEEA Urges Immediate Restoration of Reservation in Promotion in Light of Supreme Court Orders

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JAMMU MAY 23:-The J&K Reserved Categories Electrical Engineers Association (JKRCEEA) strongly appeals to the administration of the Union Territory of Jammu & Kashmir to immediately restore reservation in promotion for reserved category employees, as mandated by various constitutional amendments, Supreme Court judgments, J&K High Court ,CAT Jammu as well as Srinagar bench orders and statutory laws.

While addressing the media in Jammu, Legal Advisor JKRCEEA Shashi Bhushan Thappa and Advocate Anwar Chaudhary , advocate Parvez Ahmed Choudhary, Mohd Akram Choudhary said, In 2015, the Division Bench of the Hon’ble High Court of J&K struck down reservation in promotion under the Reservation Act 2004 and Rules 2005 in the Ashok Kumar Sharma & Others vs State of J&K case. This judgment was stayed by the Hon’ble Supreme Court in multiple tagged Special Leave Petitions (SLPs), including those filed by Mohammad Hanief Lone, Gagan Jyoti, judiciary officers, and engineers in Nasib singh vs State of J&k SLP. The Supreme Court allowed promotions for reserved category employees, subject to eligibility and availability of vacancies.

Despite clear legal backing, certain officers in the Law and General Administration Departments misled the Executive Heads, resulting in the non-restoration of promotion reservations. In 2019, the President of India extended the 77th Constitutional Amendment to J&K through a Presidential Order, rendering the High Court’s 2015 judgment infructuous. Post the abrogation of Article 370 and enactment of the J&K Reorganization Act 2019, the Reservation Act 2004 remained fully applicable to the UT, yet reservation in promotion remained withheld.

Further, GAD Circular No. 10-JK(GAD) of 2021 introduced an illogical policy on reserved slots that was challenged and quashed by the Hon’ble Central Administrative Tribunal benches in Jammu and Srinagar. The Hon’ble High Court of J&K and Ladakh, in Mohammad Jamal Sheikh & King Kumar vs J&K UT (judgment dated 06-03-2025), also directed the government to promote reserved category employees on their respective slots based on quantifiable data and barred further promotions unless this is ensured.inspite of filling vacant reserved category slots, Govt. is making placement/ incharge promotions to deprive the reserved categories employees from promotions.

Adding to this, the Hon’ble Supreme Court’s judgment in Jarnail Singh & Others vs Lachhmi Narain Gupta & Others (28-01-2022) restored reservation in promotion nationwide, directing all governments to collect quantifiable data and implement reservation accordingly. Following this, most states and UTs complied—except J&K, which continues to deny promotions under the false pretext of pending litigation.

JKRCEEA calls for accountability against those officers in GAD and Law Department responsible for misleading the administration and causing injustice to lakhs of SC/ST/OBC employees, who comprise nearly 50% of J&K’s government workforce. Departments issuing “look-after” and “staff gap” promotions are in direct contempt of the High Court’s rulings and must immediately cease such practices.

We urge His Excellency the Lieutenant Governor, Hon’ble Chief Minister (when appointed), Hon’ble Members of Parliament, Chief Secretary, and all MLAs from reserved categories to intervene decisively. It is imperatives that reservation in promotion be restored immediately in compliance with constitutional, legal, and judicial mandates to uphold the rights of marginalized communities in the Union Territory.