Reyaz Ahmad Sheikh vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 5 November 2026

1. Reyaz Ahmad Sheikh, Aged about 57 years S/o Gh. Mohd Sheikh R/o Panzgam pati Reddi district Kupwara PINCODE 193224. .… Applicants

By Advocate : Mr. Musavir Singh

VERSUS

1. U.T of Jammu & Kashmir, Through Commissioner/Secretary to Govt., Health and Medical Education Department, Srinagar/Jammu. Pin code:- 190001

2. Commissioner/Secretary to Govt., General Administration Department, Civil Secretariat, Srinagar/Jammu. Pin Code – 190001

3. Director Health Services Kashmir at Srinagar. Pin code:- 190001.

4. Chief Medical Officer Kupwara. Pin code:- 193224. ....Respondents

By Advocate :- Mr. Syed Musaib, DAG

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

SHUBHAM SHARMA

01. Hon’ble Member (J) has joined the proceedings through virtual mode.

02. The case of the applicant, as projected in the O.A., is that he was initially appointed as a Medical Assistant on a contractual basis under the Jammu and Kashmir Contractual Appointment Rules, 2003, notified vide SRO-255 dated 05.08.2003, pursuant to a selection process conducted by the competent District Selection Committee. He continued to discharge his duties under the respondents, and his services were subsequently regularized vide Government Order No. 187-HME of 2013 dated 20.03.2013.

03. The grievance of the applicant is that, despite his regularization under the applicable statutory framework, the respondents have given prospective effect to the regularization order, thereby depriving him of the benefit of counting his past continuous contractual/ad hoc service towards his service and pensionary entitlements. It is submitted that his initial appointment was made pursuant to a proper selection process and was not merely a stop- gap arrangement. He continued to serve the respondents in the absence of any regular recruitment process, and such continuation was not attributable to any fault or laches on his part.

SHUBHAM SHARMA

04. The applicant further submits that he approached respondent No. 4 through detailed representations dated 03.11.2025 and 19.05.2026, seeking consideration of his claim for counting the contractual/ad hoc service rendered prior to regularization and determination of his pensionary benefits under the applicable rules. However, no decision has been communicated on the said representations, and his grievance remains unresolved.

05. In the aforesaid circumstances, the applicant has approached this Tribunal seeking appropriate directions to the respondents to consider his claim for counting the past continuous service rendered prior to regularization, determine his entitlement to pensionary benefits under the applicable Pension Rules and extend all consequential service and retirement benefits in accordance with law. Hence this O.A.

06. In the aforesaid backdrop, the applicant has approached this Tribunal by way of the present O.A., seeking the following reliefs/directions against the respondents-:

a) Allow the Original Application and this Hon'ble Tribunal may be pleased to direct the Respondents to treat the regularization of the applicant from the day and date he was selected and appointed as contractual for the first time by facing the process of selection. Accordingly, the Respondents be also directed to fix the seniority of the applicant.

SHUBHAM SHARMA

In consequence thereto, it be declared that the applicant is entitled to the pensionary benefits as per the Rules governing the field which subsisted and were in vogue prior to the amendment of Article 167 and allied Articles by issuance of SRO 400 dated 24,12.2009. Accordingly, the Respondents be directed to accord pensionary benefits to the applicant as and when such an occasion arises. In the alternative the Respondents be directed to give effect of regularization not from the day applicant was regularized but from the day the period for regularization was completed in pursuance of Jammu and Kashmir Civil Services (Special Provisions) Act of 2010 with all consequential benefits.

b) Any other writ, direction or order which this Hon'ble court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the applicants and against the respondents' along-with the cost of litigation

c) Learned counsel for the applicant argued the matter at length and submitted that the applicants would be satisfied if the present O.A. is treated as a representation and the respondents are directed to consider and decide the same within a stipulated time frame, in light of the averments made therein, along with the documents annexed and the law applicable in the instant case.

07. 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 grant of regularization from the date of his initial selection and appointment, fixation of his

SHUBHAM SHARMA

seniority and consequential pensionary/service benefits under the rules applicable prior to SRO-400 dated 24.12.2009, or, in the alternative, for giving effect to his regularization from the date on which the statutory period prescribed under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 stood completed, together with consequential benefits, in the light of the Full Bench judgment dated 11.08.2026 in UT of J&K v. Neeru Pandita, as well as the other judgments, rules, provisions and documents relied upon by them, strictly in accordance with law and within a stipulated period.

08. Mr. Syed Musaib, DAG, 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.

09. 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 now made on behalf of the applicant.

10. Accordingly, without expressing any opinion on the merits of the controversy or the rival claims of the parties, the present Original Application is disposed of with a direction to the respondents to

SHUBHAM SHARMA

treat the same as a representation and accord due consideration to the applicant’s claim for grant of regularization from the date of their initial selection and appointment, fixation of their seniority and consequential pensionary/service benefits under the rules applicable prior to SRO-400 dated 24.12.2009, or, in the alternative, for giving effect to his regularization from the date on which the statutory period prescribed under the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 stood completed, together with consequential benefits, along with the assertions and grounds raised in the Original Application and the documents annexed thereto, and in the light of the Full Bench judgment dated 11.08.2026 in UT of J&K v. Neeru Pandita, subject to the applicants being found similarly situated and squarely covered by the said judgment, strictly in accordance with the applicable rules, regulations and the law governing the field, subject to the applicants’ eligibility and entitlement and there being no legal impediment thereto.

11. The respondents shall pass a detailed, reasoned and speaking order within a period of ten (10) weeks from the date a certified copy of this order is served upon them and communicate a copy of the order so passed to the applicants.

SHUBHAM SHARMA

12. It is made clear that this Tribunal has not expressed any opinion on the merits of the applicants' claims, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.

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

14. No order as to costs.

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

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

Shubham sharma

SHUBHAM SHARMA