Rubeena Bano and Others vs Sher-I-Kashmir Institute of Medical Sciences on 2 November 2026

ORDER

(Oral)

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

The applicants, 23 (twenty-three) in number, have filed the 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.

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2. Through the medium of the instant O.A., the applicants seek the following reliefs:

a. Issue an appropriate writ, order or direction declaring the action of the Respondents in denying/restricting the grant of Higher Grade/placement as Technician Grade-I, Level-6 (35400-112400) to the Applicants from the dates of their actual eligibility, despite completion of the prescribed qualifying service under the governing Recruitment Rules, as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India;

b. Issue an appropriate writ, order or direction quashing the prospective operation/effect of Office Order No. SIMS

138(P) of 2025 dated 27.05.2025 and Office Order No. SIMS 311(P) of 2025 dated 27.09.2025 to the extent the same deny retrospective conferment of Higher Grade/placement/promotion to the Applicants from the dates of their respective eligibility;

c. Issue a writ, order or direction commanding the Respondents to accord to the Applicants release of Higher Grade/placement/promotion as Technician Grade-I, Level- 6 (35400-112400) retrospectively from the respective dates on which the Applicants completed the prescribed qualifying service in the feeder category strictly in terms of Government Order No. 75-SKIMS of 2014 dated 24.10.2014 and in parity with the benefits extended to

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similarly situated employees vide Office Order No. SIMS

116(P) of 2025 dated 27.05.2025 Office Order No. SIMS 125(P) of 2025 dated 27.05.2025, Office Order No. SIMS 138(P) of 2025 dated 27.05.2025, and Office Order No. SIMS 311(P) of 2025 dated 27.09.2025;

d. Issue a writ, order or direction commanding the Respondents to grant and release in favour of the Applicants all consequential service and monetary benefits arising therefrom, including re-fixation of pay, arrears of salary, increments, seniority, pensionary benefits, consideration for further promotion and all other ancillary benefits, together with notional as well as actual monetary benefits from the dates the Applicants became entitled thereto;

e. Issue a writ, order or direction commanding the Respondents to maintain parity and uniformity in treatment amongst members of the same cadre/service governed by identical Recruitment Rules and service conditions and not to discriminate against the Applicants in the matter of career progression and service benefits;

f. Award interest upon the delayed monetary benefits payable to the Applicants in the interest of justice;

g. Pass any other or further writ, order or direction which this Hon'ble Tribunal may deem fit, fit and proper in the facts and circumstances of the present case, including award of costs in favour of the Applicants and against the Respondents.

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3. The facts as narrated in the O.A. are that the applicants are presently working as Technician Grade-II/Technicians in different departments of the Medical Group and Theatre Group of Sher-i- Kashmir Institute of Medical Sciences (SKIMS), Soura, Srinagar, against sanctioned posts. The applicants were appointed through a duly conducted selection process vide various Government Order issued from the years 2016 to 2019. As stated, they are governed by the Recruitment Rules notified vide Government Order No. 75- SKIMS of 2014 dated 24.10.2014, which prescribed completion of five years of service in the lower grade for release of the next higher grade/pay level attached to the post of Technician/Technician Grade-II. It is contended that the release of higher grade from Technician Grade-II/Technician to the next higher level was not dependent upon occurrence of fresh vacancies or any competitive process of selection, but constituted a service progression intrinsically attached to completion of the prescribed qualifying service in the feeder post. As stated, the applicants having completed the requisite five years of regular service in February/March 2024, became eligible for release of the

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higher grade from their respective due dates.

4. It is further contended in the O.A. that the respondents failed to convene the Departmental Promotion Committee within the prescribed and reasonable period and unlawfully withheld consideration and release of higher grade/promotion in favour of the applicants.

5. It is stated that similarly situated Technicians belonging to earlier batches, including those appointed vide Government Order No. 10-SKIMS of 2016 dated 11.05.2016, were granted the benefit of higher grade upon completion of the prescribed qualifying service, with retrospective effect from their respective due dates, vide Office Order No. SIMS 47(P) of 2022 dated 05.03.2022. However, despite the applicants having fulfilled the same eligibility conditions, the respondents failed to convene the DPC, resulting in delay in extending the said benefit to them.

6. Learned counsel for the applicants submitted that the respondents notified the Sher-i-Kashmir Institute of Medical Sciences (Subordinate) Service Recruitment Rules, 2025, vide Notification dated 23.01.2025, whereby the qualifying service for

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release of higher grade/promotion was reduced from five years to three years. Subsequently, vide various Office Orders issued on 27.05.2025 and 27.09.2025, the applicants were granted promotion/release of higher grade prospectively w.e.f. 07.04.2025 and 10.07.2025, as applicable, instead of from the respective dates on which they had completed five years of qualifying service in February/March 2024. The applicants further rely upon instances where other categories of employees, including Senior Assistants, Head Assistants, Technologists and faculty members, were granted monetary or notional benefits with retrospective effect from an earlier date.

7. Learned counsel for the applicants further contended that their entitlement to the higher grade had accrued under the Recruitment Rules of 2014 upon completion of the prescribed qualifying service and could not be defeated on account of administrative delay in convening the Departmental Promotion Committee. He further submits that the applicants are facing discriminatory treatment, particularly in view of the retrospective benefits extended to similarly situated employees. He further

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submits that although the respondents have subsequently recognized their eligibility and granted the higher grade/promotion, the applicants’ grievance is confined to the denial of retrospective effect from their respective dates of eligibility and the consequential service and monetary benefits. Despite submitting representations seeking such relief, the respondents have failed to take a decision thereon, constraining the applicants to approach this Tribunal by way of the present O.A. while relying on the grounds as urged in the O.A.

8. Learned counsel for the applicants submits that he would be satisfied, if the O.A. is disposed of by directing the respondents to treat the same as a representation.

9. Heard.

10. At the request of learned counsel for the applicants, the O.a. is taken up for its disposal.

11. The 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 in accordance with law, keeping in view the merits of the case, and the eligibility and entitlements

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of the applicants. The applicants shall be granted the same benefit as accorded in favour of similarly situated employees, if there is no legal impediment. The above exercise shall be concluded by passing a speaking and reasoned order within a period of 02 (two) months from the date a certified copy of this Order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits or otherwise of the case, and the same shall be decided by the respondents in tune with the rules governing the field.

12. Accordingly, O.A. No. 1203/2026 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 02.11.2026

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