Central Administrative Tribunal
dr showkat ahmad mir vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 31 December 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1496 OF 2025
(Srinagar, 31st of December 2025)
C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1.
Dr. Showkat Ahmad Mir, Age 41 Years S/o Gh. Qadir Mir, R/o Jamia Mohallah, Nihalpora Pattan Baramulla, H. No. 3-C
Pin Code 193121. Cell No. 7006278481
........... Applicant.
By Advocate:- Mr. R. A. Bhat.
Versus
1.
Union Territory of J&K Government through Financial Commissioner Health and Family Welfare Department, Civil Secretariat Srinagar/ Jammu, Pin Code: 190001
2.
Director Health Services Kashmir, Srinagar; Pin Code: 190001
3.
Principal/Dean Govt. Medical College, Baramulla, Pin Code
190131.
........... Respondents.
By Advocate:- Mr. Syed Musaib, DAG.
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ORDER
(Oral)
Per Hon’ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicant has sought for the following reliefs:
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a. That the respondent no. 1& 2 be directed to relieve/permit the petitioner to join against tenure post of Sr. Residency in the discipline of "General Surgery" to which he has been Engaged on 20.11.2025 in the respondent no. 3's collage on the same analogy as has been done in case of similarly situated doctors, as same shall be in the interests of justice.
b. Any other order or direction which this Hon'ble Court may deem fit in the circumstances of the case may also be passed in favour of the petitioner and against the respondents in the interest of justice and equity.
2. Alongside the main reliefs, the applicant has also sought for interim relief: That the respondents be directed to allow petitioner to join against tenure post of sr. residency on the analogy of similarly situated doctors, as same shall be in the interests of justice and equity and till such time the applicant is permit to join the post against which the petitioner is selected be protected, till such time he is relieved the post against which the applicant is selected shall be reserved.
3. What stems out of the pleadings made in the O.A. is that the applicant is serving as a Medical Officer who came to be appointed by virtue of Govt. Order No. 487-HME of 2019 dated 17.05.2019 and as such, has been serving in the respondent department since then. It is stated that by an order bearing No. 403-RA of 2025 dated 20.11.2025, the respondent no. 3 appointed the applicant on a tenure post of Sr. Residency, after due process in the
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discipline of General Surgery. It is stated that the applicant has more than six years of experience as a Medical Officer. However, the respondents are not relieving the applicant to join his Sr. Residency in the Govt. Medical College, Baramulla. Learned counsel for the applicant submits that the applicant has already submitted several representations before the competent authority through proper channel seeking consideration so that the applicant is lawfully relieved and allowed to join his Sr. Residency in the Govt. Medical College, Baramulla.
4. Learned counsel for the applicant, Mr. R. A. Bhat, submits that the case of the applicant has also been referred to by the Chief Medical Officer to Director, Health Services, vide communication dated 15.10.2025 and further Director, Health Services, has also forwarded the case of the applicant to the Secretary, Govt. Health and Medical Education Department vide his communication dated 06.11.2025. He submits that the respondent-competent authority is yet to decide the fate of the representations of the applicant and the recommendations as such made. He submits that it would have been profitable if the competent authority decides the recommendations of the CMO
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and Director timely, as the same would make it convenient for the applicant to join his Sr. Residency in GMC Baramulla.
5. Learned counsel for the applicant submits that in identical cases, Hon’ble Courts have passed orders to which reference has been made in the O.A. whereby the respondents are directed to reserve the posts against which the applicants have been selected. He has also referred an order passed by the Hon’ble High Court of J&K in SWP No. 1529/2016 titled as Dr. Adil Parvaiz Shah v. State of J&K & Ors. He submits that the applicant is similarly situated to those whose cases have been made by the applicant in the O.A.
6. Heard learned counsel for the parties and perused the contents of the O.A. along with all the annexures.
7. At the request of learned counsel for the applicant, the O.A. is taken up for its disposal.
8. The O.A. is disposed of by providing that the respondents shall treat the instant O.A. as representation who shall consider and dispose of the same by passing a speaking order within two weeks positively in accordance with the law and the merits of the case. Further, for two weeks the post on which the applicant has been selected, shall not be filled up. It is made clear that the
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respondents shall be under an obligation to decide the case of the applicant within the aforesaid period by passing a speaking order.
9. Accordingly, O.A./1496/2025 is disposed of along with all connected M.A.s, if any.
10. No order as to costs.
(M.S. Latif) Member (Judl.) Abhishek Punia Court Master 31.12.2025
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