DR MEHMOOD RASHID vs UTS JAMMU AND KASHMIR on 30 October 2026

1. Dr. Mehmood Rashid, Aged 55 years. S/o Ab. Ahad Shiekh R/o Nagam Chadoora District Budgam. Pincode 191113 (Professor Government Medical College Baramulla) .… Applicant

By Advocate : Mr. Bhat Fayaz

VERSUS

1. Union Territory of J&K through Secretary to Government, Health and Medical Education Department, Civil Secretariat, Srinagar/ Jammu, Pin Code 190001; Email: - hme.jk.gov.in

2. Secretary, J&K, Public Service Commission Srinagar/Jammu, Pin Code 190001. Email: secretarypsc.co.in ....Respondents

By Advocate :-Mr. Syed Musaib, DAG for Respondent no.1 & Mr. Shah Aamir for Respondent no.2.

O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

SHUBHAM SHARMA

01. The present application has been filed by the applicant assailing the action of the respondents in granting him promotion/regularization to the post of Professor with prospective effect from 31.08.2026, while, according to him, similarly situated faculty members were granted the corresponding benefit with effect from earlier dates.

02. The applicant seeks a direction for consideration of his claim for promotion/regularization from the date on which similarly situated faculty members were granted such benefit, or from such other date as may be admissible under the applicable Recruitment Rules.

03. The case set up by the applicant is that he was appointed as Associate Professor, along with other similarly situated faculty members, on a lateral-entry basis pursuant to the relevant Government order No. 264- HME of 2019 dated 01.03.2019. Subsequently, upon removal of the impediment relating to confirmation of faculty members appointed through lateral entry, the cases of the applicant and other similarly situated faculty members were processed for confirmation and consequential consideration for promotion.

04. It is further averred that, upon the retirement of Dr. Hakim Waqar Ahmad on 31.03.2025, the applicant became the senior-most incumbent in the Department, whereafter his case was processed for consideration against the post of Professor. His name was also reflected at Serial No.1 in the final seniority list published vide Government Order No. 100-JK(HME) of

SHUBHAM SHARMA

2026 dated 13.02. 2026.

05. According to the applicant, however, consideration of his case was deferred on account of litigation initiated by another Dr. Sheikh Sajjad, challenging the Govt. order No. 623-JK(HME) of 2024 dated 09.09.2024. In the meantime, the cases of other similarly situated faculty members were considered and they were granted the corresponding service benefits, whereas the applicant’s case remained undecided owing to the pendency of the aforesaid judicial proceedings.

06. The applicant further submits that the said litigation was subsequently withdrawn and the petition came to be dismissed vide order dated 25.03.2026. With the cessation of the aforesaid impediment, the respondents proceeded to consider his case and ultimately granted him promotion/regularization to the post of Professor vide order dated 31.08.2026, but only with prospective effect.

07. The applicant contends that the grant of the aforesaid benefit with prospective effect has resulted in an unjustified disparity between him and other similarly situated faculty members whose cases were considered and who were granted the corresponding benefit with effect from earlier dates. He accordingly seeks a direction to the respondents to consider his claim for promotion/regularization to the post of Professor with effect from 4th September 2025, or from such other date as may be found admissible under the applicable Recruitment Rules, having regard to his eligibility,

SHUBHAM SHARMA

seniority and the treatment extended to similarly situated faculty members.

08. On the basis of the aforesaid pleadings, the applicant seeks appropriate directions for consideration of his claim for the aforesaid service benefit in accordance with the applicable rules and law and seeks for the following reliefs –

a. Issue an appropriate order or direction directing the respondents to reconsider and determine the applicant's entitlement to promotion/regularization against the post of Professor, General Surgery, Government Medical College, Baramulla, with effect from the date on which the applicant became eligible and his case was required to be considered, in accordance with the applicable Recruitment Rules and the recommendations made by the competent authorities;

b. Direct the respondents to consider the applicant for promotion/regularization against the post of Professor at least with effect from 04.09.2025, being the date from which similarly situated faculty members whose cases had been processed along with the applicant were granted the corresponding benefit, under the applicable rules;

c. Direct the respondents that after determining the date of promotion that is from the date post of professor was available in General Surgery In GMC Baramulla or from the date the applicant was recommended,upon such determination, grant the applicant all consequential service benefits, including appropriate seniority, pay fixation, arrears and other attendant benefits, in accordance with law. pass such other or further order(s) as this Hon'ble Tribunal may deem just,

SHUBHAM SHARMA

proper and appropriate in the facts and circumstances of the case.

09. Accordingly, without expressing any opinion on the merits of the claim, and having regard to the limited prayer made by no useful purpose would be served by pending the present application ; the same is disposed of at this stage with a direction to the respondents to consider the applicant’s claim for grant of promotion/regularization to the post of Professor with effect from the date on which similarly situated faculty members were granted the corresponding benefit, or from such other date as may be admissible under the applicable Recruitment Rules and he is silimilarly situated with the others .

10. While undertaking the aforesaid exercise, the respondents shall examine the applicant’s eligibility, seniority, the relevant service record, the applicable Recruitment Rules and the orders governing the promotion/regularization of similarly situated faculty members. They shall also consider the effect, if any, of the judicial proceedings stated to have impeded consideration of the applicant’s case and the subsequent withdrawal or disposal thereof.

11. The respondents shall complete the aforesaid exercise by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of a certified copy of this order, provided there is no legal impediment in doing so. In the event the applicant is found entitled to the benefit claimed, consequential orders shall also be passed in accordance

SHUBHAM SHARMA

with the applicable rules.

12. It is clarified that this Tribunal has not expressed any opinion on the merits of the applicant’s claim, and the respondents shall take an independent decision strictly in accordance with the applicable Recruitment Rules, the applicant’s eligibility and the relevant facts and circumstances of the case, without being influenced by any observation in this order that may be construed as an expression on the merits of the claim.

13. Accordingly, O.A. No. 1171/2026 is disposed of along with the connected M.As., if any. No order as to costs.

14. Consign the file to the Record Room, after due compliance.

(PRASANT KUMAR ) (JUSTICE RITU TAGORE) Member(Admn.) Member(Judl.)

Shubhamsharma

SHUBHAM SHARMA