mohd zameer awan vs COOPERATIVE DEPARTMENT on 15 October 2026

1. Union Territory of Jammu and Kashmir through Commissioner/ Secretary to Government, Cooperative Department, Civil Secretariat, Srinagar/Jammu Pin Code: 190001;

2. Registrar of Cooperative Societies, Kashmir, Srinagar; Pin Code: 190001;

3. Accountant General, Jammu and Kashmir, Srinagar; Pin Code: 190001;

4. Deputy Registrar, Cooperative Societies, District Kupwara; Pin Code: 193222;

5. District Treasury Officer, Kupwara; Pin Code: 193222;

6. Assistant Registrar, Cooperative Societies, Block Tangdar Kupwara, Pin Code: 193225 .... RESPONDENTS By Advocate :- Mr. Syed Musaib, DAG O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the applicant was initially appointed as Junior Supervisor on an ad hoc basis against a migrant substitute vacancy vide

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Order No. DCK/PA/170-71 dated 24.07.1991, issued by the Deputy Commissioner (Chairman, District Recruitment Board), Kupwara. It is submitted that the applicant thereafter approached the Hon’ble High Court of Jammu & Kashmir at Srinagar, seeking protection of his service, pursuant to which he was permitted to continue in the Department. As the migrant employee against whose vacancy the applicant had been appointed did not return, the applicant continued to discharge his duties in the respondent Department. Learned counsel further submits that, in the year 2003, the applicant sought release of annual increments and other service benefits, including time-bound pay scale, whereupon the Registrar, Cooperative Societies, J&K, issued directions vide communication No. Adm55/3016-17 dated 31.12.2003, pursuant to which the concerned Drawing and Disbursing Officer released annual increments in favour of the applicant from the date of his initial appointment and extended the time-bound pay scale. It is further submitted

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02. Learned counsel further submits that the Government of Jammu & Kashmir constituted an Empowered Committee for considering the regularization of ad hoc/migrant substitute employees, and the applicant’s credentials were placed before the competent authorities for consideration. The cases of similarly situated colleagues, namely Javid Ahmad Bhat and Peer Amir Ud Din, who were also working as migrant substitutes, were considered and their services were regularized, whereas the applicant’s case was not considered on the ground that he lacked the requisite educational qualification of 10+2. It is submitted that the applicant subsequently qualified the 10+2 examination in the year 2018 through the Jammu & Kashmir Board of School Education. Learned counsel contends that, despite acquiring the requisite qualification and furnishing the relevant documents, the applicant’s

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Devendra Tripathi case remained pending. It is further submitted that, vide letter No. ART/44 dated 07.07.2024, the Assistant Registrar, Cooperative Societies, Block Tangdar, recommended the applicant’s case to the Deputy Registrar, Cooperative Societies, District Kupwara, for regularization on the same analogy as adopted in the cases of the aforesaid similarly situated colleagues.

03. Learned counsel submits that the applicant retired from service on 28.02.2025, without his claim for regularization having been decided. Consequently, his pensionary and other retiral benefits were fixed without considering his claim for regularization on parity with the aforesaid colleagues. It is contended that the continued failure of the respondents to consider the applicant’s case, despite the recommendation dated 07.07.2024, has resulted in discriminatory treatment and adversely affected his pension and other retiral benefits. The applicant accordingly seeks consideration of his claim for retrospective and notional regularization, either from the

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Devendra Tripathi date his similarly situated colleagues were regularized or from the date he acquired the requisite qualification, and consequential re-fixation of his pensionary and retiral benefits, with actual arrears limited to the legally permissible period under the applicable rules.

04. 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 Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant’s claim for retrospective and notional regularization on parity with his similarly situated colleagues, namely Javid Ahmad Bhat and Peer Amir Ud Din, either from the date their services were regularized or from the date the applicant acquired the requisite qualification, along with consequential re- fixation of pensionary and retiral benefits and release of actual arrears limited to the legally permissible period, in light of the recommendation made vide letter No. ART/44

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05. Mr. Syed Musaib, learned Dy. Advocate General, appearing on advance notice, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

06. 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 Original Application pending, particularly in view of the limited prayer made on behalf of the applicant.

07. Accordingly, in view of the limited prayer made on behalf of the applicant, this Tribunal, without expressing any opinion on the merits of the case or the rival claims of the parties, deems it appropriate to dispose of the present

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Original Application with a direction to the respondents to treat the same as a representation and accord due consideration to the applicant’s claim for retrospective and notional regularization on parity with his similarly situated colleagues, namely Javid Ahmad Bhat and Peer Amir Ud Din, either from the date their services were regularized or from the date the applicant acquired the requisite qualification, along with consequential re- fixation of his pensionary and retiral benefits and release of actual arrears limited to the legally permissible period, in light of the recommendation made vide letter No. ART/44 dated 07.07.2024, placed at pages 22–23 of the O.A. as Annexure A-3, and the other documents annexed to the Original Application, subject to the applicant’s eligibility and entitlement and there being no legal impediment thereto, strictly in accordance with the applicable rules and regulations and the governing law.

08. The respondents shall pass a detailed, reasoned and speaking order within a period of eight (08) weeks from

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09. 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.

10. With the aforesaid directions, the Original Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

11. No order as to costs.

12. Registry shall consign the record to the Record Room after due compliance.

(JUSTICE RITU TAGORE) Member(Judl.)

15-10-2026 DEVENDRA TRIPATHI

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