Veqar Ahmad Wani and Ors vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 27 October 2026

1. Veqar Ahmad Wani aged 46 years S/o Mohammad Sideeq Wani R/o Sogam Kupwara Kashmir; PIN Code: 193223

2. Sheraz Ahmad Bhat aged 43 years S/o Gh. Mohd Bhat R/o Lorow Jagir Tral, 192123

3. Ravinder Kour aged 50 years W/o Gurmeet Singh Sodhi R/o Naner Tral, 192123

4. Shakeel Ahmad Andrabi aged 47 years S/o Ghulam Mohammad Andrabi R/o Bagi Mehtab Srinagar Kashmir, 190019

5. Akil Ahmad Tanga aged 45 years S/o Mohammad Ashraff R/o Baramulla Kashmir, 193101. Noorbagh

6. Nazir Ahmad Khan aged 48 years S/o Ghulam Ahmad Khan R/o Uterpora Pahilpora Shopain Kashmir, 192303

7. Shamima Akhter aged 42 years D/o Mohammad Shafi Khanday R/o Arigam Tral Kashmir, 192123

8. Tanveera Jhon aged 53 years D/o Ali Mohammad Ganie R/o Gori Kadal Tral Kashmir, 192123

9. Manzoor Ahmad Bhat aged 50 years S/o Mohammad Akbar Bhat R/o Puchal Pulama Kashmir, 192301

10. Mushtaq Ahmad Bhat aged 46 years S/o Ali Mohammad Bhat R/o Inder Pulwama Kashmir, 192301

11. Rohi Akhter aged 49 years D/o Ghulam Mohidin Begh R/o Takia Khan Baramulla Kashmir, 193101

12. Teginder Kour aged 54 years D/o Karan Singh R/o Sailkote Baramulla Kashmir, 193101

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13. Shabir Ahmad Buchh aged 50 years S/o Abdul Majid Buchh R/o Kanipora Nowgam Sringar Kashmir, PIN Code: 190015

14. Jaipal Singh aged 50 years S/o Jagjeet Singh R/o Singhpora Kalan Baramulla 193101

15. Tariq Ahmad Wani aged 46 years S/o Abdul Ahad Wani R/o Diver Lolab Kupwara Kashmir.; PIN Code: 193223

16. Aijaz Mohammad Malik aged 46 years S/o Ghulam Mohammad Malik R/o Sulkoot Kupwara Kashmir PIN Code: 193222

17. Manzoor Ahmad Sheikh aged 51 years S/o Ghulam Nabi Shiekh R/o Noorpora Awatipora Kashmir; PIN Code 192122

18. Farooq Ahmad Dar aged 44 years S/o Nazir Ahmad Dar R/o Nowpora Kalan Sopore 193291 PIN Code: 193201

19. Pardeep Singh aged 50 years S/o Sumair Singh R/o Singhpora Kalan Baramulla Kashmir.

20. Ishfaq Rasool Wani aged 52 years S/o Ghulam Rasool Wani R/o Sogam Kupwara Kashmir. PIN Code: 193223

21. Javid Ahmad Ganie aged 51 years S/o Abdul Ahad Ganie R/o Chandhara Pulwama 192122

22. Altaf Hussain Shah aged 55 years S/o Mohd Asadullah Shah R/o Darpora Lolab Kupwara Kashmir PIN Code: 193223

23. Nazir Ahmad Mir aged 58 years S/o Gh. Hassan Mir R/o Hirri Kupwara Kashmir.; PIN Code: 193222

24. Zahoor Ahmad Bhat aged 51 years S/o Ghulam Ahmad Bhat R/o Gulgam Kupwara Kashmir PIN Code: 193222

25. Popinder Singh aged 50 years S/o Gurdeve Singh R/o Maidan Chogal Handwara Kashmir; PIN Code: 193221

26. Abdul Hamid Khan aged 49 years S/o Abdul Ahad Khan R/o Dapal Machil Kupwara Kashmir.; PIN Code: 193222

27. Syed Norul Hasan Andrabi aged 48 years S/o Syed Jaffar R/o Kupwara Kashmir PIN Code: 193222

28. Tauseef Ahmad Mir aged 45 S/o Bashir Ahmad Mir R/o Gulgam Kupwara Kashmir; PIN Code: 193222

29. Abdul Majeed Mir aged 45 S/o Ghulam Mohammad Mir R/o Cheerikote Lolab Kupwara; PIN Code: 193223

30. Syed Abdul Majid aged 46 years S/o Syed Mushtaq R/o Haril

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Badakot Machipora Handwara Kashmir; PIN Code: 193302

31. Naseema Gani aged 45 years D/o Abdul Gani Payer R/o Gulgoosa Kupwara; PIN Code: 193224

32. Shakeela Begum aged 50 years D/o Ghulam Rasool Bhat R/o Sogam Kupwara 193224

33. Ghulam Mohd Bhat aged 50 years S/o Ab. Subhan Bhat R/o Badibara Kupwara Kashmir; PIN Code: 193222

34. Mohammad Shafi Bhat aged 59 years S/o Abdul Jabar R/o Chantipora Handwara district Kupwara; PIN Code: 193221

35. Irshad Ahmad Khan aged 40 years S/o Amanullah Khan R/o Kutlari Kupwara Kashmir 193221

36. Hussaina Andrabi aged 45 D/o Ab. Rashid Andrabi R/o Kantpora Kupwara A/P Shivpora Srinagar Kashmir PIN Code: 190004

37. Masooda Parveen aged 51 years D/o Mohd Abdullah Lone R/o Kralpora Kupwara Kashmir; PIN Code: 193224

38. Ferooz Ahmad Parray aged 50 years. S/o Mohd Abdullah Parray R/o Ujroo Handwara Kupwara Kashmir 193224

39. Imtiyaz Ali Malik aged 50 years S/o Gh. Mohd Malik R/o Trehgam Kupwara Kashmir PIN Code: 193224

40. Nazir Ahmad Ganai aged 45 years S/o Abdul Ahad Ganai R/o Lalpora Lolab Kashmir; PIN Code: 193223

41. Ghulam Mohi ud Din Kumar aged 50 years S/o Abdul Karim R/o Sogam Lolab Kupwara Kashmir; PIN Code: 193223

42. Amina Bano 53 years D/o Mohd Anwar Shah R/o Gugloosa Kupwara from; PIN Code: 193224

43. Shameema Bano aged 55 years D/o Ghulam Mohammad Wani R/o Sogam Lolab Kupwara Kashmir 193223

44. Nisar Ahmad Dar aged 50 years S/o Ab. Khaliq Dar R/o Jaggarpora Kupwara Kashmir PIN Code: 193222

45. Afrozah Hassan aged 52 years D/o Gh. Hassan R/o Khansipora Baramulla Kashmir; PIN Code: 193101

46. Manzoor Ahmad Bhat S/o Ab. Ahad Bhat aged 56 years R/o Reshigund Kralpora Kupwara 193223

47. Rafiqa Bano aged 50 years D/o Mohammad Sabir Sheikh R/o Laderwan Kupwara Kashmr; PIN Code: 193223

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48. Sitara Akhter aged 52 years D/o Bashir Ahmad Pir R/o Hatmulla Keegam; 193222

49. Sameera Tanveer aged 48 years W/o Showkat Ahmad R/o Aali Kadal Srinagar Kashmir; PIN Code: 190002

50. Rubeena Wani aged 45 years D/o Gh. Ahmad Wani R/o Panzgam Kupwara Kashmir, 193223

51. Nasir Sidiqi aged 43 years S/o Gh. Nabi Pandit R/o Kraltengh Sopore Kashmir, 1913201

52. Bilal Ahamd Wani aged 45 years S/o Ghulam Nabi Wani R/o Sagam Anantnag Kashmir PIN Code: 192221

53. Fayaz Ahmad Bhat aged 52 years S/o Gull Mohammad Bhat R/o Wanpoh Tehsil Kulgam District Anantnag; PIN Code: 192102

54. Showket Ahmad Bhat aged 45 years S/o AЬ. Khaliq Bhat R/o Wanpoh Anantnag Kashmir.; PIN Code: 192102

55. Qauser Ahmad Allie aged 44 years S/o Abdul Rashid Allie R/o Check Rajwali Vassu Anantnag Kashmir PIN Code: 192221

56. Farooq Ahmad khan aged 47 years S/o Bashir Ahmad Khan R/o Shangus Kashmir.; PIN Code: 192201

57. Bilal Ahmad Bhat aged 54 years S/o Mohammad Yousuf Bhat R/o Katrasoo Kulgam Anantnag Kashmir

58. Mohammad Ismail Bhat aged 50 years S/o Mohd Afzal Bhat R/o Qaimoh Anantnag Kashmir; PIN Code: 192232

59. Vaseem Ahmad Dar aged 46 years S/O Mohd Yousuf Dar R/O Gaasipora Laram Gangipora Anantnag Kashmir 192101

60. Mubashir Nazir Parray aged 43 years S/O Nazir Ahmad Parray R/O Yaripora Kulgam. PIN Code: 192232

61. Shugufta Shaheen aged 45 years D/O Gh Mohudin Khan R/O Hazratbal Anantnag, 192101

62. Khalid Muzafar Gani aged 45 S/O Ab Gani Reshi R/O Hardu Shichen Anantnag 19210

63. Reyaz Ahmad Parray aged 45 S/o Ab. Rahman Parray R/o Nehama Kulgam Kashmir 192231

64. Tariq Ahmad Alai aged 45 years S/o Mohd Amin Alai R/o Damhal Hanjipora Kulgam Anantnag Kashmir; 192101

65. Gowhar Ali Kuchay aged 49 years S/O Sadiq Ali Kuchay R/O

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Kadder Kulgam PIN Code: 192232

66. Zahida Banoo aged 45 D/O Saif-ud- din Pir R/O Trehgam Kupwara PIN Code: 193224

67. Nighat Parveen aged 53 years D/o Mohd Ramzan Mir R/o Katapora Yaripora Kulgam Kashmir; PIN Code: 192232

68. Zahida Bano aged 45 years D/o Ab. Gani Mir R/o Rawathpora Kupwara Kashmir; PIN Code 193223

69. Mashoque Ahmad Eytoo aged 45 S/O Bashir Ahmad Eytoo R/O Awahatoo Kulgam. 192231

70. Urfana Hassan aged 48 years D/o Javid Ahmad Mir R/o Kalmoona Kupwara Kashmir, 193224 ............ 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.

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The applicants, 70 (seventy) in number, have filed the

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instant O.A. Since the cause of action and reliefs claimed by all the 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 Jammu 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.

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b. Direct the respondents to re-fix the dates of regularization 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 benerits, 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,

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FMPHW, X-Ray Assistant, Dental Assistant, Jr. Staff Nurse etc. on contractual basis and remain under the control of the respondent Health and Medical Education Department. The applicants were appointed from the years ranging 1994 to 2007 and were regularized between 2012 to 2019 under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010. Copies of the initial appointment orders and regularization orders of applicants are collectively annexed herewith 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. 1193/2026 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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