Central Administrative Tribunal
Ali Mohammad Sheikh vs Principal Secretary to Govt Skill Development Department and others on 21 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR
Order Sheet
Item no.: 12
M.A./1368/2026 (SRINAGAR)
[ MA for Disposal ]
In
O.A./560/2024
Court No.: 1
No of Adjournment:
Order Dated: 21/10/2026
ALI MOHAMMAD SHEIKH
Vs
PRINCIPAL SECRETARY TO GOVT SKILL DEVELOPMENT DEPARTMENT AND OTHERS
For Applicant(s) Advocate :
MR. N A TABASSUM
For Respondent(s) Advocate :
MR. F Y SOFI, GA
Notes of The Registry
Order of The Tribunal
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1. Learned counsel for the applicant has filed the present M.A. No. 1368/2026 in the pending O.A. No. 560/2024, seeking disposal of the M.A. along with the connected Original Application by treating the O.A. as a representation.
2. The case of the applicant, as set out in the O.A. and reiterated in the present M.A., is that he has been working continuously on consolidated wages in the respondent department at ITI Handwara since 1993. It is submitted that his case, along with those of two other consolidated employees, namely Mohammad Rafiq Sheikh and Nazir Ahmad Hajam, was forwarded by the Superintendent, ITI Handwara, to the Deputy Director, Technical Education, Kashmir, vide Communication No. I/Estt/H/224 dated 13.02.2002 for regularization. According to the applicant, while the services of the two other employees have since been regularized, his case has remained pending despite his prolonged service in the department.
3. It is further submitted that, pursuant to Government Order No. 1423-GAD of 2009 dated 14.10.2009 and the subsequent directions issued in respect of consolidated employees working against clear vacancies, the applicant’s case was forwarded to the competent authority in the prescribed Proforma ‘C’, wherein he was stated to fulfil the requisite criteria for the post and to be working against a clear vacancy. His case was thereafter placed before the Empowered Committee in its 24th meeting held on 03.09.2011, wherein his name figured at
Location:
Devendra Tripathi
Serial No. 36 amongst the consolidated employees of the Technical Education Department. However, his case could not be finalized, allegedly because the requisite Work and Conduct Certificate and Permanent Residence Certificate were not forwarded by the department.
4. The applicant further submits that his case was again considered by the Empowered Committee in its 52nd meeting held on 12.11.2015, wherein his name figured at Serial No. 13 amongst the consolidated employees of the Technical Education Department. On that occasion, clarification was sought regarding his appointment against a clear vacancy. The applicant contends that the department had already acknowledged this position in the earlier proceedings and, therefore, the delay in finalizing his case was attributable to the omissions and inaction of the respondents and not to any fault on his part.
5. It is also submitted that the Superintendent, ITI Handwara, vide communication dated 12.07.2017, recommended that the applicant be adjusted against a vacant post of Sweeper at ITI Rohama or that the post be transferred to ITI Handwara for drawal of salary and confirmation of his services. Subsequently, vide Communication No. ITI/HND/Estt/2021/84-85 dated 11.08.2021, the departmental authorities again stated that the applicant was working against a clear vacancy and forwarded his representation for necessary action. The applicant asserts that, despite these communications and his long period of service, his claim for regularization has not been finalized. He accordingly seeks regularization of his services retrospectively with effect from 29.04.2010 under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, along with consequential service and monetary benefits.
6. However, after arguing the matter for some time, learned counsel for the applicant submits that the interests of justice would be adequately served if the present M.A. along with the connected Original Application is disposed of with a direction to the respondents to treat the O.A. as a representation and consider the applicant’s claim for regularization of his services retrospectively with effect from 29.04.2010 under the Jammu and
Location:
Devendra Tripathi
Kashmir Civil Services (Special Provisions) Act, 2010, along with consequential service and monetary benefits, including pay, salary, seniority and promotion, together with the documents annexed thereto, strictly in accordance with law and within a stipulated period.
7. Mr. Rais Ud Din Ganaie, learned Deputy Advocate General, appearing on advance notice, submits that the present M.A. along with the connected Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
8. Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present M.A. and the connected Original Application pending, particularly in view of the limited prayer made on behalf of the applicant.
9. Accordingly, without expressing any opinion on the merits of the case or the rival claims of the parties, the present M.A. along with the connected O.A. No. 560/2024 is disposed of with a direction to the respondents to treat the O.A. as a representation and accord due consideration to the applicant’s claim for regularization of his services retrospectively with effect from 29.04.2010 under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, along with consequential service and monetary benefits, including pay, salary, seniority and promotion, together with the documents annexed thereto, subject to the applicant’s eligibility and entitlement, in accordance with the applicable rules and regulations, and provided there is no legal impediment thereto.
10. The respondents shall pass a detailed, reasoned and speaking order within a period of eight (08) weeks from the date a certified copy of this order is served upon them.
11. It is made clear that this Tribunal has not expressed any opinion on the merits of the applicant’s claim, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.
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Devendra Tripathi
12. With the aforesaid directions, the M.A. along with the Original Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.
13. No order as to costs.
14. Registry shall consign the record to the Record Room after due compliance. PRASANT KUMAR MEMBER (A) JUSTICE RITU TAGORE MEMBER (J) Devendra Tripathi ( steno 'd' )
Case No M.A./1368/2026 Srinagar Bench List In: Main causelist Item No. 12 Generated by DT CAT Central Administrative Tribunal Srinagar Bench on 21/10/2026
Location:
Devendra Tripathi