Jammu and Kashmir High Court
WP(C)/1493/2025 of BILAL AHMAD BHAT Vs UNION TERRITORY OF J AND K (HEALTH AND MEDICAL EDUCATION) AND ORS on 5 June 2026
49 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1493/2025 CM(3827/2025) BILAL AHMAD BHAT …Petitioner(s) Through: Mr. Bhat Fayaz, Advocate. Vs. UNION TERRITORY OF J AND K (HEALTH AND MEDICAL EDUCATION) AND ORS ...Respondent(s) Through: Mr. Faheem Shah, GA. CORAM:
Sr. No. 49
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1493/2025 CM(3827/2025)
BILAL AHMAD BHAT
…Petitioner(s)
Through: Mr. Bhat Fayaz, Advocate.
Vs.
UNION TERRITORY OF J AND K (HEALTH AND MEDICAL EDUCATION)
AND ORS
...Respondent(s)
Through: Mr. Faheem Shah, GA.
CORAM:
HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE
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O R D E R
05.06.2026
1. The petitioner has filed this petition for grant of following reliefs:
a) Writ of Mandamus commanding upon the respondents to allow the petitioner to continue/resume his duties and release all the salary in favour of the petitioner to which he was entitled and allow the petitioner to continue till the other incumbents appointed with the applicant pursuant to Advertisement Notice dated 23.12.2017 are allowed to continue.
b) Writ of Mandamus commanding upon the respondents to ensure that the final decision with regard to continuation of the petitioner against the post of junior grade nurse and release of salary is being taken without any further delay.
c) Writ of Mandamus commanding upon the respondents to ensure that the petitioner is not being replaced or disengaged from the service by resorting to similar type of appointment on the basis of contractual arrangement on academic arrangement.
2. The above mentioned reliefs have been sought on the ground that the petitioner was implicated in FIR in which he was subsequently released on bail. Thereafter he submitted his request for rejoining to Principal, Government Medical College, Srinagar, on 24.08.2022.
3. The respondents in their response have stated that the incumbent had requested for rejoining of duties as Junior Grade Nurse through the medium of application addressed to the Principal/Dean GMC, Srinagar, received vide receipt dated 24.08.2022 which was forwarded to the Medical Superintendent, Government SMHS Hospital, Srinagar, for furnishing the details/factual report.
4. The Review Committee considered claim of the petitioner and unanimously decided not to grant extension in favour of the petitioner as the time period, in terms of S.O 364 for the batch 2018 had already expired in April, 2024 itself, and therefore grant of extension was not possible and detention itself entailed loss of employment. However, the claim of the petitioner for the wages/remuneration/honorarium to which he may be entitled, shall be verified by the concerned Medical Superintendent/DDO in terms of the norms of the subject.
5. In view of above, the relief, sought by the petitioner for commanding the respondents to allow him to resume his duties, cannot be granted. However, the respondents are directed to release the wages in favour of the petitioner for the period he has worked with the respondents, if the same are not already paid to him.
(RAJNESH OSWAL)
JUDGE
SRINAGAR 05.06.2026 Ishaq