Central Administrative Tribunal
Jamsheed rashid and ORS vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 27 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1192 OF 2026
(Srinagar, 27th day of October 2026)
C O R A M
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1.
Jamsheed Rashid aged 43 years S/o H.A. Rashid, R/o Rawalpora, Srinagar, PIN Code 190005.
2.
Mahboob Rubani Nazki aged 50 years S/o Mohd Shafi Nazki, R/o Bagh-i-Mehtab, Srinagar, PIN Code 190019.
3.
Tahir Ahmad Rather aged 43 years S/o Ghulam Ahmad Rather, R/o Wadwan, Budgam, PIN Code 191111.
4.
Javaid Ahmad Bhat aged 43 years S/o Ab. Rahim Bhat, R/o Shanker Pora, Chadoora, Budgam, PIN Code 190015
5.
Halima Bano aged 44 years D/o Sona Ullah Mir, R/o Chadoora, Budgam, PIN Code 191113.
6.
Zahira Ali aged 50 years D/o Ali Mohd Dar R/o Ranger, Chadoora, Budgam, PIN Code 191113.
7.
Shaheena Bano aged 47 years D/o Gh. Hassan Najar, R/o Behrampora, Chadoora, Budgam, PIN Code 191113.
8.
Hafiza Bano aged 53 years D/o Gh. Hassan Bhat, R/o Kralpora, PIN Code 190019.
9.
Shakeela Akhter aged 50 years D/o Qazim Ali Khan, R/o Khanpora, Budgam, PIN Code 193411.
10.
Shaheena Parveen aged 52 years D/o Gh. Mohi u Din Bagwan R/o K.P. Bagh, Srinagar, PIN Code 190008.
11.
Hassina Akther aged 48 years D/o Ab. Samad Khan, R/o Daharmuna, Budgam, PIN Code 191111.
12.
Sharifa Akhter aged 50 years D/o Mohd Yousuf Wani, R/o Wadwan, Budgam, PIN Code 191111.
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PUNIA
13.
Shakeela Akhter aged 46 years D/o Gh. Ahmad Malik, R/o Wadwan, Budgam, PIN Code 191111.
14.
Sami Akhter aged 47 years D/o Ab. Hameed, R/o Chadoora, Budgam, PIN Code 191113.
15.
Syed Jalal-ul-Haq aged. 51 years S/o Syed Nassir Ahmad Shah, R/o Batapora, Beerwah, Budgam, PIN Code 193411.
16.
Rafat Ara aged 48 years D/o Gh. Mohd Dar, R/o Chanapora, Srinagar, PIN Code 190015.
17.
Riyaz Ahmad Pampori aged 50 years S/o Mohd Yousuf, R/o Mehjoor Nagar, Srinagar, PIN Code 190005.
18.
Mohmed Yaseen Ahanghar aged 43 years S/o Ali Mohmed Ahanghar, R/o Ompora, Budgam, PIN Code 191111.
19.
Nighat Parveen aged 52 years D/o Gh. Mohd Shah, R/o Char-i- Sharief, Budgam, PIN Code 191112.
20.
Humira Bhat aged 48 years D/o Gh. Ahmad Bhat, R/o Kursoo Padshahibagh, Srinagar, PIN Code 190008.
21.
Javad Ahmad Qurashi aged 51 years S/o Gulam Mohi ud din Qurashi, R/o Bonmakhama, Beerwah, Budgam, PIN Code
193401.
22.
Zahida Akhter aged 53 years D/o Mohd Abdullah Wani, R/o Tanmarg, Baramulla, PIN Code 193402.
23.
Shabnum Rasool aged 48 years D/o Gh. Rasool Malik, R/o Wadwan, Budgam, PIN Code 191111.
24.
Latifa Akhtar aged 44 years D/o Ab. Samad Shah, R/o Daharmunah, Budgam, PIN Code 191111.
25.
Gulam Ud Din Beigh aged 52 years S/o Ab. Rehman Beig, R/o Badran, Magam, Beerwah, PIN Code 193401.
26.
Dilafroza Jan aged 55 years D/o Peerzada Noor-ud-Din, R/o Thindma, Kreeri, Baramulla, PIN Code 193109.
27.
Shahnaza Gul aged 49 years D/o Gh. Rasool Lone, R/o Hyderpora, Srinagar, PIN Code 190014.
28.
Shah Irfan aged 43 years S/o Mohammad Ismail, R/o Zaffron Colony, Srinagar, PIN Code 191101.
29.
Jatinder Kour aged 52 years D/o Inder Singh, R/o Bunhama, Beerwah, Budgam, PIN Code 193411.
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30.
Zahoor Ahmad Baba aged 50 years S/o Gh. Hassan Baba, R/o Babapora, Magam, PIN Code 193401.
31.
Sheetal Koul aged 47 years D/o Shri Mohan Lal Koul, R/o Sheikhpora Colony, Budgam, PIN Code 191111.
32.
Ab Ahad Mir aged 46 years S/o Mohd Ramzan Mir, R/o Ruthsun, Beerwah, Budgam, PIN Code 193411.
33.
Shafeeqa Banoo aged 50 years D/o Mohd Maqbool Dar, R/o Respoora, Chadoora, Budgam, PIN Code 191113.
............ Applicant(s).
By Advocate: - Ms. Aasifa Padroo.
Versus
1.
Union
Territory
of
Jammu
and
Kashmir
through
Commissioner Secretary to Government Health and Medical Education Department J&K Civil Secretariat Srinagar,
190001.
2.
Director Health Services Kashmir, Srinagar Kashmir, 190001
3.
Administrative Secretary Finance Department, Convenor Empowered Committee Under J&K Civil Service (Special Provisions) Act, 2010, Civil Secretariat Srinagar Kashmir 190001
........ Official Respondents.
By Advocate: - Mr. Syed Musaib, DAG.
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ORDER
(Oral)
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
The applicants, 33 (thirty-three) in number, have filed the instant O.A. Since the cause of action and reliefs claimed by all the
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applicants are identical, the M.A. for joint application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.
2. Through the medium of the instant O.A., the applicants seek the following reliefs:
a. Allow the present Original Application and direct the respondents to consider the claim of the applicants for grant of retrospective regularization from the respective dates of acquiring statutory eligibility under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, in the light of the judgment passed by the Hon'ble Supreme Court of India in State of Jammu and Kashmir & Ors. v. Mohammad Syed Parrey & Ors., dated 04.12.2024, the judgment passed by the Hon'ble High Court of Jammu & Kashmir and Ladakh in UT of Jammи and Kashmir v. Neeru Pandita, LPA No. 70/2022, decided on 11.08.2026, and in light of the order dated 06- 03-2026 passed by this Hon'ble Court in a similar Transfer Application bearing T.A No. 262/2022 M.A No. 723/2025 titled Waqas Wadoo and Ors Versus State (now U.T) of J&K and Ors, and to pass appropriate orders thereon, in the interest of justice.
b. Direct the respondents to re-fix the dates of regularization
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of the applicants accordingly, in the light of the judgments passed by the Hon'ble Supreme Court of India and the Hon'ble High Court of Jammu & Kashmir and Ladakh, including the law laid down regarding the effective date of regularization under the aforesaid Act.
c. Direct the respondents to grant all consequential service benefits flowing from such retrospective regularization, including re-fixation of pay, seniority and other admissible service benefits, in accordance with the applicable rules and law.
d. Direct the respondents to release the consequential monetary benefits, including arrears, admissible to the applicants upon such re-fixation, within a time-bound period as may be prescribed by this Hon'ble Tribunal; and
e. Pass any other or further order(s) as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case, in favour of the applicants and against the respondents.
3. The short facts of the case are that the applicants are employees/paramedical staff of the respondent Department and were initially appointed on various posts such as Lab Assistant, FMPHW, X-Ray Assistant, Dental Assistant, Jr. Staff Nurse etc) on
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contractual basis in Health Department against clear vacancies under SRO 255 and remain under the control of the respondent Health and Medical Education Department. The applicants were appointed from the years ranging 2002 to 2007 and were regularized between the years 2013 to 2026, under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. The initial appointment orders and regularization orders of the applicants are collectively annexed as Annexure I of the O.A.
4. It is contended in the O.A. that under Section 5 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, contractual employees are entitled to regularization upon completion of seven years of service. They submit that despite fulfilling the criteria, the delay in issuing formal regularization orders was attributable to the respondents and that they should not be deprived of the benefit of regularization from the date of acquiring the said eligibility.
5. Learned counsel for the applicants has relied upon the judgment of the Hon’ble High Court of Jammu and Kashmir, in the case titled as Dr. Muneeb Iqbal v. U. T. of J&K & Ors. (WP(C) No.
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551/2021), the judgment of the Hon’ble Apex Court in the case titled as State of J&K v. Mohammad Syed Parrey & Ors., decided on 04.12.2024, as also the Full Bench judgment in U. T. of Jammu and Kashmir v. Neeru Pandita (LPA No. 70/2022), dated 11.08.2026.
6. Learned counsel for the applicants submits that similarly situated employees have been granted the benefit of retrospective regularization, whereas the applicants’ claims have been denied on the ground that they were not parties to the earlier litigation. Being aggrieved thereby, they have filed the present O.A. seeking retrospective regularization from the respective dates of acquiring eligibility, along with consequential service and monetary benefits.
7. Learned counsel for the applicants submits that she would be satisfied, if the instant O.A. is disposed of at the threshold.
8. Heard.
9. At the request of learned counsel for the applicants, the O.A. is taken up for its disposal.
10. Having regard to the submissions made and without expressing any opinion on the merits or otherwise of the case, the
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O.A. is disposed of by providing that the respondents shall treat this O.A. as a representation, who shall consider and decide the case of the applicants, strictly in accordance with the import of the judgments mentioned hereinabove, provided that their case is squarely covered by the said judgments and there is no legal impediment in according such consideration to them. The needful shall be done by passing a speaking and reasoned order within a period of 06 (six) weeks from the date a certified copy of this Order is served upon the respondents. It is made clear that the respondents shall decide the case of the applicants, in accordance with law, keeping in view the eligibility/entitlements of the applicants.
11. Accordingly, O.A. No. 1192/2026 is disposed of along with all connected M.A.s, if any.
(Prasant Kumar) Member (Admn.) (M.S. Latif) Member (Judl.)
Abhishek Punia Court Master 27.10.2026
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